Court allowed bail to Raj Yadav during trial in a case involving abduction and sexual offences, noting victim's age and lack of violence marks, while rejecting counsel for State's opposition.
Released on bail by executing a personal bond with two sureties, subject to attending trial
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15866 of 2018
Applicant :- Raj Yadav @ Tilla Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Chandra Pandey,Ashish Goyal,Avanish Kumar Shukla,Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.,Hanuman Prasad Kushwaha,Rajendra Kumar Srivastava
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 372 of 2017, under Sections 363, 366, 376, 506, 120B I.P.C., section 3/4 Protection of Children from Sexual Offences (POCSO) Act and Section 3(2)(5) SC/ST Act, P.S. Baah, district-Agra, is seeking enlargement on bail during the trial.
The first information report of the incident was lodged by the complainant against disappearance of her daughter in the night of 23/24.10.2017 and it was mentioned in the FIR that minor daughter of the complainant was taken away by the present accused, Raj Yadav alias Tilla, Krishna and Avanish Yadav. Later on the victim was recovered along with present accused. The police after completion of investigation submitted chargesheet only against the present accused, while other coaccused was exonerated by the police.
Learned counsel for the applicant submits that as per medical opinion the victim is aged about eighteen years and she was a consenting party, who eloped with the applicant and travelled to several places by public transport and lived with him for about a week, having ample opportunities to escape or raising cries
against her forcible abduction but she did not do son. Her medical report does not indicate any marks of violence, injury or sexual assault. He lastly submitted that the applicant, who is in jail since 4.11.2017 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A. as well as learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Raj Yadav @ Tilla be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court
will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 9.11.2020 Faridul
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of trial in a case involving abduction and sexual offences.
Whether the applicant can be released on bail despite the nature of offences including POCSO and SC/ST Act.
Raj Yadav @ Tilla
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
