Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2122 of 2021 Applicant :- Vikas Saket Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1- Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
2- The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 114 of 2020, under Sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Police Station-Shakti Nagar, District-Sonbhadra, during the pendency of trial.
3- As per the prosecution case in brief, complainant, who is father of the victim has lodged F.I.R. on 22.09.2020 regarding an incident which took place on 29.08.2020 against the applicant alleging inter alia that on 29.08.2020 at about 12:30 p.m., his daughter has been enticed away by the accused applicant.
4- It is argued by learned counsel for the applicant that victim was recovered on 23.09.2020. Thereafter, her statements under Sections 161 and 164 Cr.P.C. were recorded on 23.09.2020 and 28.09.2020 respectively, in which she did not make allegation of sexual abuse against the applicant. It is also pointed out that victim in her statements has clearly stated that she herself left her house and had gone to the house of the applicant and insisted to live with him. Later on, on the insistence of the victim, the applicant solemnized marriage and she started living in the house of the applicant. It is further pointed out that as per Aadhar Card of the victim, her date of birth is 01.01.2002 and as such, she is major and was consenting party with the applicant, who is in jail since 28.09.2020 having no criminal history to his credit. If the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
5- Per contra, learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute that victim in her statements under Sections 161 and 164 Cr.P.C. did not support the prosecution case and did not make allegation against the applicant.
6- After having heard learned counsel for the parties, I find that vide order dated 13.07.2021 C.M.O., Sonbhadra was directed to constitute a panel of three doctors and get the ossification test done of the victim as well as submit report to this Court. In compliance of the same, ossification report dated 02.10.2021 of the victim has been produced by learned A.G.A., which is taken on record, according to which age of the victim was found between 17 to 18 years. Considering the overall facts and circumstances of the case as well as the statement of victim under Section 164 Cr.P.C., possibility of the victim being consenting party with the applicant cannot be ruled out. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
7- Let the applicant Vikas Saket 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 shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
8- 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. 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 :- 7.10.2021 Sunil Kr. Gupta