Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7256 of 2019 Applicant :- Shiv Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 77 of 2018, under Section 376 IPC, P.S. Chauri, District- Bhadohi, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. As per prosecution case, the prosecutrix is aged about 18 years and was having telephonic conversation with the applicant since last two years and the applicant has established the physical relations with the prosecutrix on the promise of marriage with her. It is further alleged that on 10.10.2018, the applicant called the prosecutrix and taken to her in his house, where the prosecutrix stayed with the applicant for two-three days and made sexual relations with the applicant. It is further submitted that when applicant refused to marry with the prosecutrix, then the father of the prosecutrix lodged FIR on 18.10.2018 in respect of alleged occurrence dated 10.10.2018. It is further submitted on behalf of the applicant that it is admitted case of prosecution that the prosecutrix is major and as per her medical examination report dated 3.11.2018, her age is about 20 years. Considering the totality of the facts and circumstances of the case, only inference can be drawn that the prosecutirx was consenting party. In this case, the age of prosecutrix is about 20 years, therefore, it shall be presumed that she had adequate intelligence and maturity to understand the significance of morality associated with the act she was consenting to. It shall also be presumed that she was conscious of the fact that her marriage may not take place owing to various consideration, even then she was having sexual relationship with the applicant without any resistance, therefore, it cannot be said that sexual relation of the applicant with the prosecutrix was without her consent. The applicant is languishing in jail since 01.11.2018 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial. Learned AGA has opposed the prayer of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Shiv Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 21.2.2019 AK Pandey