Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15162 of 2019 Applicant :- Sonu Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Verma,Vidya Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Rakesh Kumar Verma, learned counsel for the applicant and the learned A.G.A. Perused the record.
As per allegation in the F.I.R., the victim is enticed away by the accused-appellant on 19.7.2018. That intially an F.I.R. was lodged by the informant against the applicant under Sections 363 I.P.C. and 3(2) (va) of S.C. / S.T. Act and during investigation case is converted under sections 368, 376-D, 342 I.P.C. and 3/4 POCSO Act and 3 to 5 S.C. /S.T. Act.
It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Initially, a first information report was lodged by the father of the victim against the applicant (with whom the victim had friendship and had consensual relationship) as well as family members of applicant on 14.7.2018 as Case Crime NO. 241 of 2018, under Sections 363, 511, 452 I.P.C. & 3 (2) (v) of S.C. / S.T. Act, in which the applicant was granted bail. Subsequently, on 31.07.2018 instant F.I.R., has been lodged under Section 363 I.P.C. with regard to the incident dated 19.07.2018, after 15 days of the lodging of the earlier F.I.R., that applicant took away the victim and had sexually assaulted her. As per statements of the victim recorded under Section 161 and 164 Cr.P.C., she accepts her marriage with applicant but after surrender of applicant the victim had stated that the applicant took her away and kept her for 4-5 months at her sister's place. The victim have a love affair with applicant as well as she was a consenting party and she has also solemnized marriage with the applicant. She is above 18 years. That as per medical examination no marks of internal or external injury found on the body of the victim. That co-accused Naresh has already been granted bail vide order dated 6.3.2019 in Crl. Misc. Bail Application No. 8990 of 2019 by the coordinate Bench. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 24.8.2018.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. He further submits that victim is minor as per her educational certificates. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Sonu involved in Case Crime No.273 of 2018, under Sections 376-D I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act (POCSO) and Section 3 (2)(5) SC/ST Act, Police Station Asmoli, District Sambhal be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed of. Order Date :- 29.11.2019 Vibha Singh