Gaurav Saini vs State Of U.P.
2019 Latest Caselaw 3305 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16440 of 2019
 

 
Applicant :- Gaurav Saini
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ram Babu Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Sri Ashish Tiwari, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.

Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the victim is major. In medical certificate her age has been shown about 18 years but below 19 years. The statements of victim recorded under section 161 and 164 Cr.P.C. show that the victim travelled and remained with the applicant at several places about 8 days but during this period she has not made any hue and cry to save herself which shows that the victim was a consenting party. It has further been submitted that at the time of medical examination the victim has stated that there is friendship in between the applicant and victim for about 8 months. In fact, there was love affairs in between the applicant and victim. The victim had gone with the applicant on her own sweet will. The applicant has not committed the alleged offence. The victim has made false allegation of rape against the applicant under the pressure of her parents. The applicant has no criminal history and is in jail since 22.12.2018.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that in school record the date of birth of the victim has been shown as 10.4.2001. As per school record at the time of alleged incident the victim was minor. The victim in her statements recorded under section 161 and 164 Cr.P.C. has made allegation of rape against the applicant, therefore, he is not entitled for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Gaurav Saini involved in Case Crime No. 1610 of 2018, under section 363, 366, 376 IPC and 7/8 POCSO Act, P.S. Kotwali Nagar, District Muzaffar Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 22.4.2019

Masarrat