Court allowed bail to applicant Bhupendra accused of offences under IPC and POCSO Act, considering victim's statements indicating consensual aspects and heavy case pendency, while imposing standard bail conditions.
Applicant released on bail with personal bond and two sureties upon executing conditions to prevent evidence tampering and ensure court appearance.
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Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20694 of 2018
Applicant :- Bhupendra Opposite Party :- State Of U.P. Counsel for Applicant :- Devendra Saini Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A.
Perused the record.
Submission of the counsel for the applicant is that according to the medical examination the age of the girl is about 18 years but actually she is much above of this age and is fully grown up major girl. Attention was drawn to the statement given by the victim before the investigating officer u/s 161 Cr.P.C. and also before the Magistrate u/s 164 Cr.P.C. which reveal her admission to have been in love with the co-accused Sintu. She disclosed before the investigating officer that because of her relationship with the co-accused Sintu she was beaten up by her parents as the parents wanted to settle her marriage somewhere against her wishes. She also admitted in her statement that she contracted marriage with the aforesaid co-accused Sintu. Even before the Magistrate she admitted to have been living along with the co-accused Sintu wilfully as husband and wife. When she was examined before the Magistrate she also categorically stated that nobody has cooperated or participated or abeted her in going away from the house in any manner. Submission is that in view the statement of the victim given before the investigating officer as well as before the Magistrate, at least a prima facie case in favour of the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required a nd is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is in jail since 16.3.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Bhupendra, involved in Case Crime No.39 of 2018, u/ss. 363, 366, 368, 376, 120B I.P.C. and 3/16 POCSO Act, P.S.- Rampur Maniharan, District- Saharanpur, be released on bail on his executing a
personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 31.5.2018 Naresh
1 issue framed by the court
Whether bail should be granted to the applicant accused under sections 363, 366, 368, 376 IPC and 3/16 POCSO Act given the victim's statements and trial pendency.
7 provisions across 3 enactments
Bhupendra
State Of U.P.
Karuna Nand Bajpayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Karuna Nand Bajpayee
Parties & counsel
