Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52160 of 2019 Applicant :- Vipin Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the age of the victim as per medical report is 25 years and as per her own admission is more than 18 years. From the statement of the victim under Section 161 Cr.P.C., it appears that she willingly eloped with the applicant and entered into marriage at Saharanpur. After entering into marriage at Saharanpur she went to Haridwar. Subsequently in her statement under Section 164 Cr.P.C she has alleged that she was forcibly married to the applicant and he committed rape to her. In the medical report no injury has been found on the body of the victim. The doctor has opined that victim is sexual active and habitual. The applicant is in jail since 31.07.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the 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 Vipin involved in Case Crime No.257 of 2019, under Sections 363, 376 IPC and 3/4 Protection of Children from Sexual Offences Act, Police Station Nakud, District- Saharanpur 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 27.11.2019 SS