Bail may be granted in cases of alleged sexual offenses when medical evidence suggests the prosecutrix is a major, the act was consensual, and the applicant has no criminal antecedents.

Heard over bail application moved by applicant, Veerpal in Case Crime No. 354 of 2019, under Sections 363, 376 (2) N IPC and 6 Protection of Children from Sexual Offences Act, Police Station Bhojipura, District Bareilly.

Learned counsel for the applicant argued that the accused applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 2.8.2019. He is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Prosecutrix has been held to be of 18 years in medical age determination by Medical Board. This may be with variation of two years' either way. She, is her statement recorded under Section 161 Cr.P.C., has categorically said to be under acquaintance with applicant. She never raised any protest and she developed this offence of rape subsequently. Report was against the other accused persons. It was a consensual fleeing and living for six to seven days by a major prosecutrix with no complaint of protest. Accordingly, bail has been prayed for.

Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.

Even after sufficient service of notice, none is present from the side of the informant to oppose this bail application.

Having heard and gone through materials placed on record, it is apparent that prosecutrix is major.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without expressing any opinion on merits of the case, a case for grant of bail, during trial, is made out.

Accordingly, the bail application is allowed.

Let the applicant, Veerpal, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

6. The computer generated copy of such order shall be self attested by counsel of the party concerned.

7. 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.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.