Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15973 of 2021 Applicant :- Yogesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Singh,Digvijay Singh Counsel for Opposite Party :- G.A.,Hardev Prajapati
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 calling the case in revised list.
The present bail application has been filed by the applicant in case crime No. 76/2020, under Sections 363, 366, 376, 506 IPC & Section 3/4 of POCSO Act, police station Sikandarpur Vaish, District Kasganj 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. Learned counsel has referred statement of victim girl, recorded under Section 161 Cr.P.C., wherein she has clearly stated that she has gone with applicant with her own free will and that at the time of her medical examination she has stated that on 02.07.2020 she was called by applicant at his shop and she was having a love affair with him. Learned counsel has also referred statement of victim girl, recorded under Section 164 Cr.P.C., wherein she has also introduced one more person, namely, Rajendra and alleged that she was taken away by applicant and Rajendra forcibly but her statement, under Section 164 Cr.P.C., is quite contradictory with her statement, recorded under Section 161 Cr.P.C. It was also submitted that as per ossification test, age of victim girl has been shown as 19 years. Referring to statements of victim girl learned counsel has submitted that she remained in Hyderabad for one month with applicant but she has never made any complaint during that period. Learned counsel has submitted that all the attending facts and circumstances of the case clearly show that victim was a major girl and she was a consenting party and that her allegation regarding rape made in her statement, recorded under Section 164 Cr.P.C., is thoroughly false and improbable. It has further been argued that the applicant is in judicial custody since 10.07.2020, 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 Yogesh 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 :- 7.10.2021 Anand