Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9581 of 2021 Applicant :- Sunil Kumar@ Pradum Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Dubey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that victim was enticed away by the applicant on 17.3.2021 at about 7.30 p.m.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case. He has not committed any offence. Victim was major at the time of incident. Her age was found above 17 years during medical examination. She went with the applicant voluntarily with her consent and lived with him for a period of one month. She made statement before the Investigating Officer u/s 161 Cr.P.C. that she was volunteer and went out of her home in anger because her grand-mother used to abuse and beat her but under pressure of her parents after one month she made statement before the Magistrate under Section 164 Cr.P.C. in different way where she has stated that applicant took her by force and kept her in the house of his sister for a period of one month and eight days. It implies her consent. He is languishing in jail since 18.06.2020, having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and fact that she was consenting party; 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 Sunil Kumar@ Pradum Rajbhar involved in Case Crime No. 64 of 2020, under Sections 363, 366, 376 I.P.C. & Section 5/6 Protection of Children From Sexual Offences Act, P.S. Mariahu, District Jaunpur 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 :- 21.12.2021 A. Singh