Allahabad High Court
Sachin vs State Of U.P. And Another on 3 February, 2021
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3395 of 2021 Applicant :- Sachin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by the learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The first information report of alleged incident has been lodged after 12 days of incident and that in her statement under Sections 161 and 164 Cr.P.C, victim girl has not made any allegation of kidnapping or of rape against the applicant. It was stated that as per medical examination report, the age of victim is 16 to 17 years but after incident, she herself has filed a petition in this Court for protection, wherein she has mentioned her age 19 years. It has been further submitted that in her statement under Section 161 and 164 Cr.P.C., victim girl has stated that she has solemnized marriage with co-accused Bharat. It was submitted that the applicant was falsely implicated merely on the basis that he is cousin of co-accused Bharat. Lastly, it has been submitted that the applicant is languishing in jail since 21.10.2020, 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.
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 Sachin involved in Case Crime No. 1853 of 2018, under Sections 323, 363, 376 and 313 IPC and 4 POCSO Act, P.S. Kotwali Dehat, District Bulandshahr, 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 conditions, the prosecution shall be at liberty to move bail cancellation application before the Court concerned.
Order Date :- 3.2.2021 A. Tripathi