Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32936 of 2021 Applicant :- Vikas Mishra @ Gappu Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Narain Srivastva Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Affidavit of compliance filed learned AGA is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
Learned AGA informs that notice upon first informant has already been served.
The present bail application has been filed by the applicant in case crime No. 545 of 2020 under Sections 363, 366, 376 IPC & Section 3/4 of POCSO Act, police station Cholapur, District Varanasi 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 been falsely implicated in this case. Learned counsel has referred statement of victim, recorded under Sections 161 and 164 Cr.P.C., and submitted that victim-girl has clearly stated that she has gone with applicant with her own free will and they have married each other. It was stated that after registration of this case, applicant and victim-girl have surrendered themselves before court and applicant was sent to jail. No medical examination of victim-girl has been conducted. It was stated that in her statement under Section 164 Cr.P.C., victim-girl herself has stated that her age is 18 years and thus, she has to be treated as a major girl. It has further been argued that the applicant is in judicial custody since 09.02.2021, having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perusal of the record shows that in her statement under Section 164 Cr.P.C., victim has stated her age as 18 years and she has clearly stated that she has gone with applicant with her own free will and married with applicant of her own choice. In her statement under Section 164 Cr.P.C., she has also stated that no physical relations were established with 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 view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Vikas Mishra @ Gappu Mishra 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 court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 20.12.2021 Deepak