Court No. - 48
Case :- CRIMINAL APPEAL No. - 3 of 2018 Appellant :- Vineet Kumar Juvenile Respondent :- State Of U.P.
Counsel for Appellant :- Jamaluddin Mohd. Nasir Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Counter affidavit filed by the learned AGA is taken on record.
Heard learned counsel for the appellant, learned AGA and perused the record.
Submission of learned counsel for the appellant is that the appellant is a minor boy and is juvenile in conflict with the law. The circumstances and special reasons under which the bail of a juvenile may be rejected have been provided in the Act but the order whereby the bail of the appellant has been rejected does not make any mention of any such reasons as to how despite being juvenile his bail has been rejected by the court below. Further submission is that admittedly to the prosecution, the appellant never sexually exploited the victim-girl. It is not a case of committing any rape upon her. Further submission is that when the victim was examined by the Investigating Officer, she gave the version that the appellant had trapped her in love and she had gone with the appellant to contract marriage with him. Submission is that the version given in the statement before the Investigating Officer has inconsistencies with the statement given before the Magistrate in which the story of turning her unconscious has been introduced. Argument is that even according to the version given by the victim-girl before the Magistrate, the appellant was insisting that she should marry with him. Further submission is that if this is so, the contrary allegation of making attempt to sell her becomes absurd. Further submission is that according to the medical examination, the age of the girl was about 17 years but actually she was above that age and she was fully grown up major girl. She had gone with the appellant on her own volition wilfully and it was just because of the disagreement of the parental side of the victim that the appellant has been falsely implicated in the case. Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 19.12.2016 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the appellant may be enlarged on bail.
Let the appellant Vineet Kumar, involved in Case Crime No. 734 of 2016 (Bail Application No. 4859/2017, State versus Vineet Kumar), u/ss 363 and 366A IPC and Section 7/8 of POCSO Act, P.S. Mawana, District Meerut be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The appellant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The appellant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of appellant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 24.4.2018 CPP/-