Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19309 of 2021 Applicant :- Vikesh @ Vikas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Srivastava,Dhan Pal Counsel for Opposite Party :- G.A.,Ajay Kumar Vashistha
Hon'ble Raj Beer Singh,J.
Short counter affidavit filed today by learned counsel for the first informant, the same is taken on record.
Heard learned counsel for the applicant, Sri Ajay Kumar Vashistah, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. It has been submitted that as per age certificate, issued by C.M.O. Kasganj, age of victim girl is 18 years and that in her statement, recorded under Sections 161 and 164 Cr.P.C., she has clearly stated that she has gone with applicant with her own will and she has married with applicant and they have resided as husband and wife together. It was submitted that the date of birth mentioned in high school certificate of victim girl is not reliable as her date of birth shown in class 8th certificate is different. It was also pointed out that victim and applicant have filed a writ petition before this Court, however, the same was dismissed and against that order the S.L.P. was filed before the Hon'ble Apex Court but meanwhile, applicant has been arrested and thus, the said S.L.P. has become infructuous. It was submitted that in view of age of victim as mentioned in radiological age of victim and her statement, recorded under Section 161 Cr.P.C. and 164 Cr.P.C., no case is made out against applicant. It has been submitted that the applicant is languishing in jail since 07.01.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that victim is a minor girl. As per high school certificate, the date of birth of victim is 01.01.2005 and thus, at the time of alleged incident, victim was aged about 15 years and a half years. It was submitted that the age mentioned in high school certificate shall prevail on the radiological age, which has been shown 18 years. It was also submitted that writ petition of applicant was also dismissed on the ground that victim was a minor girl.
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 Vikesh @ Vikas involved in Case Crime No.205 of 2020, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Dholana, District Kasganj, be released on bail on furnishing each 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 :- 25.10.2021 Neeraj