Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24768 of 2021 Applicant :- Suraj Opposite Party :- State of U.P. and Another Counsel for Applicant :- K.K.Rao, Pradeep Kumar Srinette Counsel for Opposite Party :- G.A.,Mukul Kumar Mishra Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Mukul Kumar Mishra, learned counsel for the informant, learned A.G.A. for the State of U.P and perused the material available on record.
Applicant claims to have been falsely implicated in this case on several counts; prime argument being that the statement of the prosecutrix recorded under Section - 164 Cr.P.C., there is no whisper about any physical relationship spelt by the prosecutrix. She of her own freewill went out and came back home and no force was applied upon her. The prosecutrix is major. In the medical examination report, the age of the prosecutrix has been assessed as 18 years and if two years margin are added, she becomes 20 years of age. No offence of rape is made out against the applicant, as such. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 5.3.2021.
Sri Mukul Kumar Mishra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail of the appellant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Suraj involved in Case Crime No. 080 of 2021, under Sections - 376, 504, 506 I.P.C., 3/4 POCSO Act and 3(2)V S.C./S.T. Act, Police Station - Khorabar, District - Gorakhpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.10.2021 S Rawat