Manorav @ Saurabh Vs State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9915 of 2018

Applicant :- Manorav @ Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Bhuvnesh Kumar Singh,Dhirendra Kumar Srivastava,Mohd. Afzal,Gaurav Kakk Counsel for Opposite Party :- G.A.,Pradeep Verma,Rizwan Ahmad(Qureshi)

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Hon'ble Ajit Singh,J.

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Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Pradeep Verma, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 964 of 2017, under Sections 363, 366, 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offences (POCSO) Act, P.S. Kotwali City, district-Bijnor, is seeking enlargement on bail during the trial.

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The report of the incident was lodged on 13.10.2017 by the complainant against forcible kidnapping/abduction of his daughter with the allegation that when the daughter of the complainant had gone to school, she was enticed away by some unknown persons. Thereafter the victim was allegedly found on 18.10.2017 in the company of present accused Manorav @ Saurabh.

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Learned counsel for the applicant submits that as per medical opinion the victim is aged about eighteen years. She in her statement recorded under Section 161 Cr.P.C. (Annexure-3) has specifically stated that she was in love with the applicant and she had gone with him on her own sweet will. She in her statement recorded under Section 164 Cr.P.C. (Annexure-4) has not made any allegation of rape against the applicant. The allegation of rape is confined to co-accused, Nishant,

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Pradhumana and Harsh. She has categorically stated that she had gone with those persons when they insisted that they would publish her photograph, which they had taken. She also stated that after sexual assault, the above named persons left the victim at the house of the present accused and those three persons pressurised the applicant to commit rape with the victim and due to fear of those persons, the present accused has committed rape with her.

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Learned counsel for the applicant further submits that the persons, who were alleged to have taken away the victim in her statement recorded under Section 164 Cr.P.C., were given clean chit by the police and the charge sheet was submitted only against the applicant. He also submitted that the victim has deposed in trial against Nishant, Pradhumana and Harsh and they were summoned by the trial court under Section 319 Cr.P.C. They approached this Court and proceedings in their matter were stayed by this Court vide orders dated 30.5.2018, 30.7.2018 and 9.8.2018, copy whereof has been filed as Annexure-SA10 to the first supplementary affidavit filed in support of this bail application. He further submitted that statements of the victim have already been recorded and now there is no question of tempering of evidence of the victim. The present accused is a young man of about 20 years of age.

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He lastly submitted that the applicant, who is in jail since 18.10.2017 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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Learned A.G.A. as well as Sri Pradeep Verma, learned counsel for the informant have vehemently opposed the prayer for bail but have not disputed the above argument of the learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity

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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.

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Let the applicant, Manorav @ Saurabh 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:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on each and every date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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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.

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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.

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Order Date :- 3.11.2020 Faridul

Manorav @ Saurabh v. State of U.P.

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Manorav @ Saurabh v. State of U.P.

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