Bail application allowed as applicant made out a fit case for bail, considering medical report indicating age of prosecutrix is about 17 years instead of 15. Applicant to furnish bond and abide by conditions.
Released on bail by furnishing a personal bond and two sureties.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9495 of 2019
Applicant :- America @ Angad Opposite Party :- State Of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari,Surendra Kumar Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant who is involved in case crime no.857 of 2018, under Sections 363, 366, 376 I.P.C. & 3/4 Protection of Children From Sexual Offences Act, 2012, P.S. Kotwali, District- Maharajganj, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that regarding alleged incident dated 26.12.2018 F.I.R. was lodged on 27.12.2018 by the father of the victim/prosecutrix making allegation that her daughter aged about 15 years was enticed away by the applicant America @ Angad who is resident of same village. Further submission has been made that in the medical examination report, the age of the prosecutrix is about 17 years and the prosecutrix in her statement under Section 164 Cr.P.C. dated 04.01.2019 did not make allegation of rape against the applicant. The applicant is languishing in jail since 28.12.2018. Considering the medical examination report, age certificate dated 07.01.2019 as well as statement of the prosecutrix under Section 164 Cr.P.C., the applicant is entitled to be released on bail and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Per contra learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant America @ Angad be released on bail in the aforesaid case crime number on furnishing a personal bond and
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:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii)The applicant will not indulge in any unlawful activities.
(iv)The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 6.3.2019/AKT
2 issues framed by the court
whether the applicant made out a case for bail in cheating and rape of a minor.
whether the medical examination report and the age of prosecutrix would substantiate the bail petition.
America @ Angad
State Of U.P.
Sanjay Kumar Singh
As recorded by the court registry
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