Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5821 of 2021 Applicant :- Suresh Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Ali Counsel for Opposite Party :- G.A.,Rajendra Prasad Giri
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 08/2020, under Sections 363, 366, 376 IPC & Section 5-J(ii)/6 of POCSO Act, police station Sukhpura, District Ballia 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. It was submitted that alleged incident has been shown of 08.01.2020, but FIR has been lodged on 31.01.2020. Learned counsel has referred statements of victim girl, recorded under Sections 161 and 164 Cr.P.C., wherein she has clearly stated that she was in love with applicant and she herself has gone with applicant with her own free will and she has married with applicant. It was submitted that as per ossification test, age of victim girl is 17 years but in fact she is a major girl and she has already married with applicant and that she has not made any allegation against the applicant. It was further submitted that criminal history of two cases of Excise Act, shown against the applicant has been duly explained in the supplementary affidavit. It has further been argued that the applicant is in judicial custody since 17.12.2020 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that as per school certificate, the victim is a minor girl and even as per medical examination report, her age is 17 years. However it could not be disputed that in her statements recorded under Sections 161 and 164 Cr.P.C., victim girl has not made any allegation against the applicant.
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 Suresh Bind 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 :- 23.9.2021 Anand