An accused person is entitled to bail unless there are reasonable grounds to believe that he/she will abscond or tamper with the evidence or influence witnesses.

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42771

of 2021

Applicant :- Pawan

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Anil Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Heard Shri Anil Kumar Mishra, learned counsel for the

applicant, and learned AGA for the State.

A first information report was lodged against the

applicant as Case Crime No. 101 of 2021 (Case No. 945

of 2021) at Police Station Rohata, District Meerut,

under Sections 363, 366, 376 I.P.C. and Sections 3/4 of

POCSO Act.

The bail application of the applicant was rejected by

learned Additional Sessions Judge/Special Judge

(POCSO Act), Meerut, on 14.09.2021.

The applicant is in jail since 12.07.2021, pursuant to the

said F.I.R.

Shri Anil Kumar Mishra, learned counsel for the

applicant contends that the applicant has been falsely

implicated in the instant case. There are material

contradictions in the statements of the victim under

Section 161 Cr.P.C. and Section 164 Cr.P.C. The victim

was infact in a relationship with the applicant. In the

statement under Section 161 Cr.P.C. the victim asserted

that she eloped with the applicant and accompanied

with him at various places of her own volition. Further

she has stated that she agreed to accompany the

applicant to Faridabad at his insistence. The later

implicatory statement was given under pressure of her

parents who wanted to save their false notion of family

honour. In the medical report, the age of the victim is

recorded as about 16 years. However, Shri Anil Kumar

Mishra, learned counsel for the applicant contends that

the victim is a major and appropriate medical

examination for determining her age has not been

conducted. Apart from this case, the applicant does not

have criminal history. Lastly it is submitted by learned

counsel for applicant that the applicant shall not

abscond, and will fully cooperate in the criminal law

proceedings. The applicant shall not tamper with the

evidence nor influence the witnesses in any manner.

Shri Nafees Ahmad, learned AGA for the State could

not satisfactorily dispute the aforesaid submissions

from the record. Learned AGA could not dispute the

fact that the applicant does not have any criminal

history apart from this case.

Courts have taken notice of the overcrowding of jails

during the current pandemic situation (Ref.: Suo Motu

Writ Petition (c) No. 1/2020, Contagion of COVID 19

Virus in prisons before the Supreme Court of India).

These circumstances shall also be factored in while

considering bail applications on behalf of accused

persons.

I see merit in the submissions of learned counsel for the

applicant and accordingly hold that the applicant is

entitled to be enlarged on bail.

In the light of the preceding discussion and without

making any observations on the merits of the case, the

bail application is allowed.

Let the applicant- Pawan be released on bail in Case

Crime No. 101 of 2021 (Case No. 945 of 2021) at

Police Station Rohata, District Meerut, under Sections

363, 366, 376 I.P.C. and Sections 3/4 of POCSO Act, on

his furnishing a personal bond and two sureties each in

the like amount to the satisfaction of the court below.

The following conditions be imposed in the interest of

justice:-

(i) The applicant will not tamper with the evidence

during the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court on

the date fixed, unless personal presence is exempted.

(iv) The applicant shall not directly or indirectly make

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 to any police officer

or tamper with the evidence.

In case of breach of any of the above condition, the

prosecution shall be at liberty to move bail cancellation

application before this Co