HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 57557 of 2019
Applicant :- Ajeet @ Badde
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Saurabh Yadav
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the age of the victim as per report of the CMO is 16 years. Given margin of two years on higher, she can be considered to be major. In the first information report, lodged by the mother of the victim, only offence under Section 354 I.P.C and 7/8 of POCSO Act was alleged against the applicant. However, the allegation of rape against the applicant has been made by the victim in her statement under Section 164 Cr.P.C as improvement from the version of the first information report. Doctor has not found any injury on the body of the victim proving offence of rape against the applicant. The applicant is in jail since 27.08.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the SectionArticle 21 of the Constitution of India 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 Ajeet @ Badde involved in Case Crime No.209 of 2019, , under Sections 376(c) and Section120-B IPC and 3/4 of POCSO Act, Police Station Binawar, District- Budaun 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 they are accused, or suspected of the commission of which they are 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 20.12.2019