Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45186 of 2020 Applicant :- Subhash Chandra Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Indra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Subhash Chandra seeks bail in Case Crime No. 241 of 2018, under Sections 363, 366, 376 IPC and section 3/4 of POCSO Act, P.S. Rejor, District- Etah.
Learned counsel for the applicant has submitted that applicant is wholly innocent has been falsely implicated in the present case due to ulterior motive. The victim is stated to be sixteen years of age.
Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded u/s 164 Cr.P.C. in which it has been categorically stated she had fallen in love with the applicant and had visited several places and with her consent, the applicant has made sexual relation with her and she is eight months' pregnant. Looking to the said statement, prima facie a case for bail is made out. Lastly, it is submitted that applicant is in jail since 5.10.2020 and he has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts.
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 applicant Subhash Chandra 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.
Order Date :- 6.1.2021 KU