Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Somendra Alias Sovinder seeking bail in Case Crime No. 250 of 2020, under Sections 363, 366, 376 IPC and 3/4 of POCSO Act, P.S.Haldaur, District Bijnor.
Learned counsel for the applicant has submitted that as per medical opinion, the victim is aged about 18 years.
Learned counsel for the applicant has next drawn attention of the Court to the statement of the victim recorded under section 164 Cr.P.C. in which she has stated that her date of birth is 1.1.2001 and she has further stated that on account of quarrel with the inmates of house she had left her home and reached at Haridwar by boarding a train alongwith the applicant. She has further stated that on 7.10.2020 she has solemnised marriage with the applicant and wants to stay with her husband.
Learned counsel for the applicant has next submitted that looking to the statement of the victim recorded under section 164 Cr.P.C. primafaice a case for bail is made out.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 5.1.2021 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, 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 case for bail.
Let the applicant Somendra Alias Sovinder be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
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 :- 3.2.2021 R