Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18633 of 2021 Applicant :- Vishnath Pratap Singh @ Chhotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. In her statement, recorded under Section 161 Cr.P.C., victim girl has clearly stated that she herself has gone with applicant with her own free will and she remained with him for one month and that nothing forcible was done against her. Similarly, in her statement, recorded under Section 164 Cr.P.C, she has reiterated the same version and stated that she has married with applicant with her own free will. Learned counsel has also referred the certificate of marriage, which has been annexed as Annexure-5 of this bail application. It was submitted that though, as per age certificate, issued by the Chief Medical officer, Gautam Budh Nagar, the age of victim is about 15-16 years but in fact she is a major girl and that she has already married with applicant. It was also stated that the victim girl has refused to undergo her medical examination and thus, prosecution version regarding rape is not supported by the medical evidence. It was also submitted that alleged incident has been shown of 19.10.2020 and the first information report has been lodged with long delay on 28.11.2020. It was submitted that victim has not made any allegation against the applicant and that she has clearly stated that she has married with applicant. Lastly, it was submitted that the applicant is languishing in jail since 03.12.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail an argued that as per age certificate, the age of victim is 15-16 years and thus, she was a minor girl and thus, her consent has no value.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Vishnath Pratap Singh @ Chhotu involved in Case Crime No. 927 of 2020, under Sections 363, 366 and 376(3) IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Phase-3, District Gautam Budh Nagar, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 he is accused, or suspected, of the commission of which he is 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.9.2021 A. Tripathi