By means of this application the applicant, Vijai Basfor @ Ajay, has prayed to release him on bail in Case Crime No. 176 of 2020, under Sections-363, 366, 376, I.P.C. and Section 3/4 POCSO Act, Police Station-Chiraiyakot, District-Mau.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 26.08.2020. He is of no criminal antecedent. Prosecutrix has been held to be of 19 to 20 years in medical age determination by medical board. Statement recorded under Section 161 Cr.P.C. was of this fact that the date of birth of the prosecutrix is 01.01.2003 and she was taken by Vijai at Delhi, where, she lived for two days then came back to Chiraiyakot but the applicant did nothing wrong with her. She was not known to Rakesh. She was taken for medical examination but she refused for her medical examination. Then after by order of Child Welfare Society, she was handed over to her mother. Subsequently, she developed the case as was said by the prosecution. Whereas, in second statement, recorded under Section 164 Cr.P.C., she has said for forceful taking of her by both the accused but at no point of time she resisted right from place of occurrence to Delhi. In the statement of brother of the accused, under Section 161 Cr.P.C., has said that prosecutrix has refused to come back from Delhi, where, she was residing with Rakesh hence, it was a volunteer fleeing of prosecutrix. Subsequently, this case was developed. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that applicant is of no criminal antecedent.
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent, that prosecutrix was held to be 19 -20 years of age in medical age determination by medical board and in her statements she has said nothing with regard to rape against the applicant. Considering all the facts and circumstances of the case, the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this Court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant, Vijai Basfor @ Ajay, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 18.2.2021 Deepak/