Veerpal vs State Of U.P.
2019 Latest Caselaw 6526 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34801 of 2018
 
Applicant :- Veerpal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Arjun Singh Solanki
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Counter and rejoinder affidavits have been exchanged between the parties.

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. 267 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offence (POCSO) Act, 2012, P.S. Kasganj, district-Kasganj, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the the first information report of the incident was lodged after seven days of the incident without any satisfactory explanation. As per medical opinion the victim Km. Seema is aged about seventeen years. She in her statement recorded under section 164 Cr.P.C. (annexure-4) has supported the prosecution case but the same cannot be accepted on its face value, especially in the absence of any corroboration by medical evidence. From the perusal of the facts stated by her in her statement recorded under section 164 Cr.P.C, it appears that she was a consenting party, who had traveled with the applicant to several places by public transport and lived with him at Vimari (Rajasthan) having ample opportunities to escape from the clutches of the applicant or raising cries for help but she did not do anything. Her medical report does not indicate any marks of violence, injury or sexual assault. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 16.5.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

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 law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 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, Veerpal be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 267 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offence (POCSO) Act, 2012, P.S. Kasganj, district-Kasganj subject to the following conditions:-

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

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 :- 1.8.2019/Faridul