Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25381 of 2021 Applicant :- Shyamveer Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Dutta Mishra,Manjulesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. It has been pointed out that alleged incident has been shown of 26.08.2020 but first information report was lodged after one month on 26.09.2020. In her statement, recorded under Section 161 Cr.P.C., victim has stated her age as 19 years and she has stated that she has gone with applicant with her own free will and she has married with him. Similarly, in her statement, recorded under Section 164 Cr.P.C., she has stated her age as 19 years and she has reiterated that she has gone with applicant to Budaun and from there to Delhi and she has married with applicant in a temple and they stayed as husband and wife. It was submitted that though, as per ossification test, her age is shown 17 years but she herself has stated her age as 19 years and thus, alleged school certificate regarding date of birth of victim cannot be relied upon. Learned counsel submitted that victim has not made any allegation of rape or physical relations against the applicant and she has clearly stated that she has married with applicant and the copy of marriage certificate has also been annexed as Annexure-2 to the bail application. It has been further submitted that the applicant is languishing in jail since 21.11.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shyamveer involved in Case Crime No. 284 of 2020, under Sections 363, 366, 376(3) IPC and 3/4 POCSO Act, P.S. Dataganj, District Budaun, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 26.10.2021 A. Tripathi