Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36041 of 2020 Applicant :- Shishwan Varma @ Sheshbhan Opposite Party :- State Of U.P And Another Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vijay Prakash Chaturvedi, learned counsel for the applicant and Ms. Akanksha Gaur, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 189 of 2020 under Sections 363, 366 and 376 I.P.C. and Section 3/4 of P.O.C.S.O. Act and Section 3(2)(V) S.C./S.T. Act & Section 3(1)W(I) S.C./S.T. Act, P.S. Dhebarua, District Siddharth Nagar.
As per F.I.R. lodged by Chinku Ram, her daughter was enticed away by the accused applicant on 21.06.2020 to Nepal and, thereafter she was left on 24.06.2020 on the border of Kallan Dihwa from where, she reached home at 5:00 p.m. on the said date.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; F.I.R. has been lodged after considerable delay as the same was lodged on 01.07.2020. Further it is argued that in medical examination, her radio- logical age is found to be 19 years, therefore, she is major and in statement recorded under Section 161 and 164 Cr.P.C, she has stated that she was taken to Nepal but she did not raise any hue and cry, therefore, this is a case of consent. Further it is pointed out that after returning home, she did not disclose that any rape was committed upon her but disclosed subsequently after being pressed by her parents. He is in jail since 1.07.2020; he has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that it appears to be a case of consensual sex, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Shishwan Varma @ Sheshbhan involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 6.1.2021 A. Mandhani