Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14536 of 2021 Applicant :- Sudama @ Banda Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajneesh Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has has not committed any offence. It has been submitted that in her statement under Section 161 and 164 Cr.P.C., victim girl has not made any allegation of rape or of kidnapping against the applicant. In her statement under section 161 and 164 Cr.P.C., she has clearly stated that she was having affair with applicant and that she has gone with applicant with her own free will and on 08.09.2020 they have married each other in Allahabad. It was submitted that in her statement under Section 161 Cr.P.C., victim girl has stated her date of birth as 06.12.2002. It was stated that though, as per medical examination report, age of victim girl has been shown below 18 years but in fact she is a major girl and that in her statement under Section 161 and 164 Cr.P.C. she has not made any allegation against the applicant and thus, no case is made out against the applicant. It has been further submitted that the applicant is languishing in jail since 13.09.2020, 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 Sudama @ Banda involved in Case Crime No. 469 of 2020, under Sections 363, 366, 376, 506 of IPC and 3/4 of POCSO Act, P.S. Saidpur, District Ghazipur, 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 :- 27.7.2021 A. Tripathi