Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25506

of 2020

Applicant :- Ajay

Opposite Party :- State of U.P.

Counsel for Applicant :- Hemant Kumar Rai

Counsel for Opposite Party :- G.A.,Rakesh Kumar Mishra

Hon'ble Ram Krishna Gautam,J.

By means of this application the applicant Ajay has prayed to

release him on bail in Case Crime No. 15 of 2020, u/s 363,

366, 376, 506 I.P.C. and Section 3/4 PASCO Act, Police Station

Patawai, District Rampur.

Heard learned counsel for the applicant, learned AGA

representing the State and learned counsel for the informant.

Perused the record.

Learned counsel for the applicant argued that the applicant is

innocent and he has been falsely implicated in this very case

crime number. Applicant is in jail since 25.02.2020 and there is

no likelihood of applicant's fleeing from course of justice or

tempering with evidence in case he is released on bail.

Prosecutrix is major. Though her date of birth given in the high

school certificate is 8.9.2002. According to it, she was above 17

years on the alleged date of occurrence. For the four days,

report was not lodged. There is variation in the statement

recorded under Sections 161 and 164 Cr.P.C. Subsequently

statement of prosecutrix has been recorded wherein she has

narrated to be recovered from the public office. No medical

proof of date of birth is there. It was a false implication. Hence

bail has been prayed for during trial.

Learned counsel for the informant as well as learned AGA has

vehemently opposed the bail application with this contention

that prosecutrix is minor. She was abducted and subjected to

rape by the applicant and it is very well there in the statement

recorded under Section 161 and 164 Cr.P.C.

Having heard and gone through the materiel placed on record, it

is apparent that first information report was delayed.

Prosecutrix gave two versions in her statement recorded under

Sections 161 and 164 Cr.P.C. She was above 17 years of age.

Under all above facts and circumstances, the nature of

accusations, severity of the punishment in the case of

conviction and without expressing any opinion on the merits of

the case, this court is of the view that the applicant may be

enlarged on bail with certain conditions.

Accordingly, the bail application is allowed.

Let the applicant, Ajay , 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.

In the event of breach of any of the aforesaid conditions, the

court below will be at liberty to proceed to cancel his bail.

Order Date :- 5.1.2021

Ravi Prakash