Allahabad High Court
Waseem vs State Of U.P. And Another on 2 August, 2021
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13471 of 2021 Applicant :- Waseem Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A 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 victim is a major girl aged 18 years and that she has gone with applicant with her own free will and that in her statement under Section 164 Cr.P.C., she has not made any allegation against the applicant. It has been further submitted that the applicant is languishing in jail since 02.02.2021, 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 and argued that as per medical certificate, the age of victim girl is 14 years.
Perusal of record shows that in her statement under Section 161 Cr.P.C., victim girl has stated that she has gone with applicant to Saharanpur and thereafter to Barnala (Punjab) and after that when they returned back to Saharanpur they were apprehended by the Police. She has alleged that applicant has established physical relations with her on pretext of 'Nikah', however, in her statement under Section 164 Cr.P.C. victim girl has stated that she has gone with applicant with her own free will and that physical relations were established with her consent. As per medical examination report, the age of victim girl is 18 years. 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 Waseem involved in Case Crime No. 37 of 2021, under Sections 363 and 376 IPC and 5L/6 of POCSO Act, P.S. Fatehpur, District Saharanpur, 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 :- 2.8.2021 A. Tripathi