Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16143 of 2021 Applicant :- Vishal @ Michal Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Singh Bishen Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. However, no one has appeared on behalf of the first informant despite service of notice.
The present bail application has been filed by the applicant in case crime No. 43/2021, under Sections 363, 376, 506 IPC & Section 3/4 of POCSO Act, police station Sadar Bazar, District Agra with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has not committed any offence. It was submitted that in statement of victim girl, recorded under Section 161 Cr.P.C., the mere allegation against applicant is that applicant has taken the victim girl on his motorcycle and after that she lost her consciousness and on the next day, she found that she was with co-accused Lavkush, who has later on left her at Edgah bus stand. Similarly in her statement, recorded under Section 164 Cr.P.C., victim girl has reiterated same version but stated that when she got consciousness she found herself with co-accused Lavkush and that bad act was also done with her, but she cannot say who has done it. Learned counsel has submitted that there are no allegations of rape against the applicant and that at the time of medical examination, victim has stated that she has gone with applicant to club and after that she has found herself with co-accused Lavkush. It was further submitted that as per high school certificate, age of the victim was about 16 and a half years but ossification test of the victim has not been done and in fact she is a major girl and that there are no allegations of rape against the applicant. It has further been argued that the applicant is in judicial custody since 01.02.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Vishal @ Michal involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 6.10.2021 Anand