Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30253 of 2021 Applicant :- Sumit Kumar Paswan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A.,Mahtab Alam,Varsha Singh
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A for the State and perused the record.
Facts in brief are that on 21.12.2020 at about 11 O'clock, victim was missed from her school. Missing report was lodged at the police station on 28.12.2020 by the father of the victim. During investigation, it was found that victim was enticed away by the applicant and physical relations were made with her. An FIR was registered as Case Crime No. 567 of 2020, under Sections 363, 366, 376 IPC and 3/4 Protection of Children From Sexual Offences Act.
It is submitted that applicant is innocent and he has not committed any offence. He has falsely been implicated in the present case. He has not enticed the victim. Victim was major at the time of the incident. Her age has been found about 19 to 20 years during medical examination. She went with applicant voluntarily with her own consent. In her statement under Section 164 Cr.P.C., victim has herself stated before the Magistrate that she knew applicant from 2 to 3 years prior to the incident. Both of them were chatting Likee App. They were in love with each other. On 21.12.2000, applicant went to Delhi for treatment. She blackmailed applicant emotionally by saying that she was to be married with someone else by her parents. She went o Delhi by bus and entered into marriage in a temple and started living as husband and wife for a period of two months and ten days. Thereafter, they returned to Varanasi where they were arrested by the police. No offence are made out against the applicant. The applicant is languishing in jail since 2.3.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and urged that victim was enticed away by the applicant. She was minor at the time of incident. As per school record her date of birth is 19.10.2004 on the basis of which her age comes to 16 years and 6 months, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record, the fact that age of victim was found 19 to 20 years in medical examination and she was consenting party and without expressing any opinion on the 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 - Sumit Kumar Paswan involved in Case Crime No. 567 of 2020, under Sections 363, 366, 376 I.P.C. and 3/4 Protection of Children From Sexual Offences Act, Police Station Cholapur, District Varanasi, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.12.2021 Arif