Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6633 of 2019 Applicant :- Vijay Opposite Party :- State Of U.P.
Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant who is involved in case crime no. 237 of 2018, under Sections 376, 506 I.P.C. & 3/4 of the POCSO Act, P.S. Kotwali Sahpau, District-Hathras, is seeking enlargement on bail during the trial.
It is submitted that in fact the prosecutrix was consenting party with the applicant and she was having love affair with the applicant. On 27.08.2018, the brother of the prosecutrix saw the applicant with the prosecutrix, then he pressurized the prosecutrix to lodge F.I.R. against the applicant. In the above background of the fact, the prosecutrix under the pressure of her family members lodged the impugned F.I.R. against the applicant. It is submitted that in the F.I.R. as well as medical examination report the age of the prosecutrix is mentioned about 18 years and in the statements under Sections 161 Cr.P.C. as well as 164 Cr.P.C., the prosecutrix has mentioned her age about 17 years. It is also submitted that nature of injuries as mentioned in medical report clearly contradict the prosecution version. It is lastly submitted that considering the facts and circumstances of the case in totality, only inference can be drawn that prosecutrix was consenting party with the applicant. Applicant is in jail since 31.08.2018, therefore, he is entitled to be released on bail. Applicant undertake that he will not misuse the liberty of bail after releasing from jail.
Per contra learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Vijay be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.2.2019/AKT