Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14935 of 2021 Applicant :- Suraj Gupta @ Suraj Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Maurya Counsel for Opposite Party :- G.A.,Anand Kumar
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. However, no one has appeared on behalf of the first informant despite calling the case in revised list.
The present bail application has been filed by the applicant in S.T. No. 94/2021, case crime No. 299/2020, under Sections 363, 366, 376, 506 IPC & Section 3/4 of POCSO Act, police station Chunar, District Mirzapur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. Learned counsel has referred statements of victim girl, recorded under Sections 161 and 164 Cr.P.C, and submitted that all the attending facts and circumstances of the case clearly show that victim girl was a consenting party. It was submitted that as per statement of victim, she herself has gone with applicant to Assi Ghat, Varanasi and it cannot be believed that applicant might have forcibly taken her from there, which is a crowded area. It was further submitted that as per ossification test, age of victim girl is between 16 to 17 years but in fact she is a major girl. It was also stated that statements of first informant and victim girl have already been recorded before the trial court and they have not supported the prosecution version and turned hostile. It has further been argued that the applicant is in judicial custody since 22.10.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Suraj Gupta @ Suraj Kumar Gupta involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 7.10.2021 Anand