Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49353 of 2021

Applicant :- Satyaveer @ Prince

Opposite Party :- State of U.P.

Counsel for Applicant :- Ankit Singh

Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and

perused the material on record.

By means of this application, the applicant who is involved in Case Crime

No. 315 of 2020, under sections 363, 376D I.P.C., section 5/6 POCSO Act

and section 3(2)(5) SC/ST Act, P.S. Sajeti, district-Kanpur Nagar, is

seeking enlargement on bail during the trial.

The report of the incident was lodged by the informant, who is said to be

the alleged victim, aged about seventeen years against the present accused

and other co-accused Abhishek, alleging therein that in the night of

18.11.2020 when she was sleeping outside her house under the shed, then

the present accused, whowas known to her, called her to a lonely place

near shed and committed forceful rape with her.

Learned counsel for the applicant submits that although the alleged victim

has made specific allegation of rape against the present accused in the FIR

itself but she in her cross-examination has not supported the prosecution

case in her statement recorded in the trial court, which is annexed on page

54 of the paper book, in which she has specifically stated that "Main padi-

likhi nahi hoon. Main school jati thi per padti nahi thi. Prince mere sath

padta tha. Abhishek mere sath nahi padta tha. Ghatna 18 november ki

hai Prince mere ghar nahi aata tha. yeh baat sahi hai ki Prince ne mujhe

milne ke liye bulaya tha. Prince se meri jaan pahchan thi, isi liye milne

gayee thi. Prince mujhe Kotiya me soonsaan jagah kheton me le gaya,

Prince ne mere sath koi galat kaam nahi kiya." He lastly submits that the

applicant, who is in jail since 23.11.2020 and has no criminal antecedents

to his credit is entitled to be enlarged on bail during pendency of the trial.

Learned A.G.A. has vehemently opposed the prayer for bail but has not

disputed the fact that the alleged victim has not fully supported the

prosecution case in her statement recorded during cross-examination in the

trial court.

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

accused, severity of the punishment, submissions of learned counsel for

the parties, considering the statement of the alleged victim recorded before

the trial court, considering the period of detention in jail 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.

Let the applicant, Satyaveer @ Prince 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:-

(a) The applicant shall attend the court according to the conditions of the

bond executed by him.

(b) 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.

It is further directed that the identity, status and residence proof of the

sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at

liberty to cancel the bail.

Order Date :- 7.4.2022

Faridul

Digitally signed by FAREEDUL

HASAN

Date: 2022.04.08 16:27:15 IST

Reason:

Location: High Court of Judicature at

Allahabad