Supplementary-Affidavit has been filed by learned counsel for the applicant today and the same is taken on record.
Heard Sri Shiv Kumar Singh Rajawat, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 268 of 2020 under Sections 363, 368, 376 I.P.C. and Section 3/4 of POCSO Act, P.S. Pheelkhana, District Kanpur Nagar.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; victim has refused to get herself medically examined which is evident from the report of doctor, copy of which is annexed at page nos. 16-17 of the Supplementary-Affidavit. Further attention of the Court has been drawn towards statement of victim recorded under Section 161 and 164 Cr.PC. in which she has stated that she had gone with the accused on her own free will and was with the applicant for the last six months and was in love with him and she had married him on 9.08.2020 in a temple. Her family members were trying to get her married somewhere else because of which, she fled from the house. As regards the age, her date of birth in educational certificate is recorded as 16.10.2003 by which she would be near about 17 years; the accused applicant is in jail since 21.08.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Vipin Srivas involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 20.1.2021 A. Mandhani