Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32438 of 2020 Applicant :- Shyamu Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Deepak Kumar Srivastava,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Shyamu, has prayed to release him on bail in Case Crime No. 353 of 2019, under Sections-363, 376 I.P.C., Section 3/4 Protection of Children from Sexual Offences Act and Section 3(2)V SC/ST Act, Police Station-Sindhauli, District-Shahjahanpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 26.10.2019. He is of no criminal antecedent. Prosecutrix in her statement under Section 164 Cr.P.C. has categorically said that applicant had never made any physical relation with her. She in her statement under Section 161 Cr.P.C. has said nothing incriminating against the applicant. She has been held 16 years of age in medical age determination, whereas, as per school record she is above 16 years of age. She has said that she live with the applicant for two years and on the basis of this statement this accusation has been made. As per statement made by the Investigating Officer, filed at page nos. 102 and 103 of the paper book, it is there that no physical relation was complained by the prosecutrix in her statement under Section 164 Cr.P.C.. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that applicant is of no criminal antecedent.
Having heard learned counsel for both the parties, gone through the material placed on record it is apparent, that prosecutrix in her statement under Section 164 Cr.P.C. has said no physical relation was ever made by the applicant with her. She has said herself to be with the applicant under her own volition under Section 161 Cr.P.C. Considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this Court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant, Shyamu, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 6.1.2021 Deepak/