Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16072 of 2021 Applicant :- Tula Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for applicant that applicant is innocent and he has not committed any offence. In her statement under Section 161 Cr.P.C., victim girl has clearly stated that she is 10th pass and she has gone with applicant with her free will and consent and they both have married each other. Similarly in her statement under Section 164 Cr.P.C., she has reiterated same version and stated that she has married with applicant and that no foul act has been done against her and she has gone with applicant with her free consent. It has been submitted that victim girl has stated her age 18 years and that as per age certificate issued by C.M.O., the age of the victim girl is
16 years, whereas as per her high school certificate her age is
17 years and 7 months. It has been submitted that in view of statement of victim girl, no case is made out against the applicant. It was submitted that applicant is languishing in jail since 12.2.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Tula Singh involved in Case Crime No.09 of 2021, under Sections 363, 366, 376 of I.P.C. & 3/4 POCSO Act, P.S. Mujariya, District Budaun, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.7.2021/Anil K. Sharma