Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11574 of 2021 Applicant :- Sumit Opposite Party :- State Of U.P And Another Counsel for Applicant :- Jeet Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1- Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
2- The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 739 of 2020, under Sections 363, 366, 376 I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Police Station-Quarsi, District-Aligarh, during the pendency of trial.
3- As per the prosecution case in brief, informant, who is father of the victim has lodged F.I.R. on 26.08.2020 regarding an incident which took place on 19.08.2020, under Section 363 I.P.C. against unknown person alleging inter alia that on 19.08.2020 his daughter has left the house for coaching, but did not return back. F.I.R. further alleges that he has suspicion that she has been enticed away by the persons, whose mobile number is 7080612868.
4- It is argued by learned counsel for the applicant that on 26.09.2020 victim was recovered. Thereafter, she was produced before the doctor on 27.09.2020 for her medical examination, but she has refused for her internal examination. It is next submitted that the victim in her statements under Sections 161 and 164 Cr.P.C. did not support the prosecution case and as per ossification test report dated 01.10.2020, her radiological age is about 18 years. It is also pointed out that victim in her statements has clearly stated that she herself left her house and eloped with the applicant. No one has committed rape on her. The applicant had made physical relation with her on her consent. The applicant is languishing in jail since 27.08.2020 having no criminal history. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
5- Per contra, learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute the aforesaid factual aspects of the case, as argued on behalf of applicant.
6- After having heard learned counsel for the parties, I find that victim as per medical examination report, the victim is aged about 18 years and she has not supported the prosecution case, therefore, possibility of false implication of the applicant cannot be ruled out. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
7- Let the applicant Sumit be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
8- It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 23.9.2021 Sunil Kr. Gupta