HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50352 of 2019
Applicant :- Satish
Opposite Party :- State of U.P.
Counsel for Applicant :- Shivam Yadav,Akhilesh Singh
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
As per office report dated 19.12.2019 notice on opposite party no. 2 has been served but no one has put in appearance.
The submission is that although the victim is minoraged about 13 years but she has not levelled any allegation of rapeagainst the applicant. At the most offence under Section 354 IPC has beenlevelledagainst him. It has further been submitted that the medical report does not supports any allegation of rape. The injury on cheek of thevictimcannot be attributed to sexual violence. It can also be caused by falling on theground. From the FIR it is clear that the Mama ofthevictim was working in the nearbyfield when shealleges that she was chased bythe applicant and she called numerously for help but her Mama did not come to her rescue. It has been submitted that the manner of incident alleged is doubtful. The applicant is in jail since 11.08.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of SectionArticle 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Satish, be released on bail in Case Crime No. 349 of 2019, under Sections- 376, 506 SectionIPC and Section 3/4 POCSO Act, Police Station- Gunaur, District- Sambhal, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2019