Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9023 of 2019 Applicant :- Wasim Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajeev Upadhyay, learned counsel for the applicant as well as Sri Gaurav Pratap Singh, learned Brief Holder for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.209 of 2018 under sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Madhuban, District Mau, during the pendency of trial.
As per FIR, the prosecution case is that the victim is said to have been abducted on 30.6.2018 at about 7.00 p.m. In the statement under section 164 Cr.P.C., the victim has stated that she had met the accused 3-4 months ago and when the accused asked her to talk on mobile, she had told the accused that she did not have a mobile then a mobile was provided to her by the accused and both of them were talking to each other on mobile and on 30.6.2018 she was called by the accused, in response to which, she reached at Lakhnaur Road and from there she fled with the accused to Azamgarh and the accused has established physical relationship with her forcibly.
The contention of the learned counsel for the applicant is that in view of the statement, it is apparent that the victim was consenting party and her radiological age was found to be 18 years. However, according to high school certificate, she is about 16 years. In medical report, no mark of injury was found. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 3.12.2018. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts and it is submitted that the victim being a minor, bail should not be granted..
In the light of the aforesaid arguments, looking to the fact that though the victim was minor but was on the verge age of majority and she had gone with the accused of her own free-will and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Wasim 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.
Order Date :- 29.5.2019 AU