Court No. - 53

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2313 of 2022

Applicant :- Naresh

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Ravindra Sharma

Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash-VII,J.

List revised. None is present for the informant.

Heard Shri Ravindra Sharma, learned counsel for the applicant, learned

A.G.A for the State and perused the record.

It is submitted by learned counsel for the applicant that the applicant is

innocent and has been falsely implicated in the present case. He has not

committed the present offence.No prima facie case is made out against the

applicant. Referring to statement of the victim recorded under Sections

161 and 164 CrPC it is further submitted that offence under Section 363

IPC is not attracted. Victim herself had gone at the place where the

applicant was residing at her own free will. If such is the position, none of

the ingredients of the offence under Section 376 IPC will be attracted.

Age of the victim was found about 17 years. She married with the

applicant and stayed with him as his wife. Referring to exception of

Section 375 IPC it is further submitted that offence under Section 376 IPC

will also not be attracted in this case. Applicant has not enticed away the

girl. It is further submitted The applicant has no criminal history. He is

languishing in jail since 9.8.2021 and in case he is released on bail, he will

not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail.

Considering the entire facts and circumstances of the case, submissions of

learned counsel for the parties and keeping in view the nature of offence,

complicity of accused, scrutinizing the facts mentioned in the F.I.R.,

statement of victim recorded under Section 164 CrPC, and without

expressing any opinion on the merits of the case, the Court is of the view

that the applicant has made out a case for bail. The bail application is

allowed.

\Let the applicant Naresh involved in Case Crime No. 302 of 2021, under

Sections 363, 376 IPC and 3/4 POCSO Act, P.S. Bilsi, District - Budaun

be released on bail on furnishing a personal bond and two heavy sureties

each in the like amount to the satisfaction of the court concerned subject to

following conditions.

1. The applicant will not tamper with the evidence during the trial.

2. The applicant will not pressurize/ intimidate the prosecution witness.

3. The applicant will appear before the trial court on the date fixed, unless

personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of

which he is accused, or suspected, of the commission of which he is

suspected.

5. The applicant shall not directly or indirectly make any inducement,

threat or promise to any person acquainted with the facts of the case so as

to dissuade him from disclosing such facts to the Court or to any police

officer or tamper with the evidence.

In case of breach of any of the above conditions, the prosecution shall be

at liberty to move bail cancellation application before this Court.

Order Date :- 31.3.2022

safi

Digitally signed by MAHBOOB SAFI

Date: 2022.03.31 13:41:53 IST

Reason:

Location: High Court of Judicature

at Allahabad