Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13951 of 2021 Applicant :- Vipin Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Anurag Kumar Pandey
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Vipin Kumar in connection with Case Crime No. 385 of 2020 under Sections 363, 366, 376 IPC and Section 5(1)/6 POCSO Act, P.S. Saurikh, District Kannauj.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State through video conferencing.
It is submitted by the learned counsel for the applicant that the statement of the prosecutrix under Section 164 Cr.P.C. clearly shows that she and the applicant knew each other over the past few years and wanted to marry each other much against the wishes of her family, and further that two months prior to her statement recorded under Section 164 Cr.P.C., she left home of her free will along with the applicant and proceeded to Ludhiana, where the two married in a temple and rented a room, where they stayed together as men and wife. It is also pointed out that according to the medico legal estimation of the prosecutrix's age based on her ossification test she has been opined to be aged about 17 years, which making for the usual allowance of about two years variation that would go to the advantage of the accused, the prosecutrix is clearly a major. It is urged that in these circumstances no case of rape whatsoever is made out against the applicant. It is also stated that the applicant has no criminal history and that he is in jail since 14.11.2020.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the prosecutirx has clearly spoken exculpatory in her statement under Sections 161 and 164 Cr.P.C., the fact that the prosecutrix is prima facie a major, who appears to have married the applicant of her free will after eloping him, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Vipin Kumar in connection with Case Crime No. 385 of 2020 under Sections 363, 366, 376 IPC and Section 5(1)/6 POCSO Act, P.S. Saurikh, District Kannauj be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
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 of opinion 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 :- 10.5.2021 Deepak