Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29135 of 2021 Applicant :- Yogesh Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Anshul Pathak,Surya Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite Service of notice, none present for the opposite party no.2. Crl. Misc. Exemption application is allowed.
Heard Sri Anoop Trivedi, learned senior advocate assisted by Sri Surya Prakash Dubey and Sri Anshul Pathak, learned counsel for the applicant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case on the basis of false facts. He has not committed the present offence. No prima facie case is made out against the applicant. Victim was found aged about 22 years in the radiological examination. She was major. It is further submitted that if entire prosecution case is taken into consideration, then also physical relation was established between the applicant and the victim. Nothing was done with her against her wishes. No compliant was made by the victim prior to the present F.I.R. It is further submitted that there is no evidence at all on record or collected by the investigating officer to substantiate the termination of pregnancy. Learned counsel has also referred to the statement of the victim recorded under sections 161 and 164 Cr.P.C. and has prayed for release of the applicant on bail. Applicant is languishing in jail since 21.4.2021 having no criminal antecedents. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and argued that victim is minor. She has categorically supported the prosecution case. Physical relation was established by the applicant with the victim on the pretext of marriage. Thus, offence under section 376 IPC is clearly attracted against the applicant. A prima facie case is made out against the applicant.
In this matter, as is evident that class VIII school leaving certificate shows that victim was minor whereas she was found 22 years of age in the radiological examination. She herself admitted that physical relation was established with her by the applicant on the pretext of marriage.
Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 164 CrPC, the medical evidence, 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 Yogesh Mishra involved in Case Crime No.110 of 2021, under Sections 376 (3), 323, 506, 342 IPC and Section 5/6 POCSO Act, Police Station Purani Basti, District - Basti be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial. The applicant will not pressurize/ intimidate the prosecution witness.
2. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 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.
3. 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.10.2021 ss Digitally signed by OM PRAKASH Date: 2021.10.08 13:15:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad