Solhu @ Shyam Sundar vs State Of U.P.
2019 Latest Caselaw 3984 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18600 of 2019
 

 
Applicant :- Solhu @ Shyam Sundar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ashutosh Tiwari,Gaurav Kakkar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 19 years. In fact, at the time of alleged incident the victim was major. The victim in her statement recorded under section 161 Cr.P.C. has stated that applicant has established physical relation with her consent. Thereafter, in her statement recorded under section 164 Cr.P.C. the victim has made allegation of rape against the applicant. 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 but during this period she has not made any hue and cry to save herself. It has further been submitted that the victim has left her house on her own sweet will and had gone with the applicant. The statement of victim recorded under section 161 Cr.P.C. shows that the victim was a consenting party. The applicant has not committed the alleged offence. No offence is made out against the applicant. The applicant has no criminal history and is in jail since 28.2.2019.

Per contra; learned A.G.A. has opposed the prayer 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 Solhu @ Shyam Sundar involved in Case Crime No. 104 of 2019, under section 363, 366, 376, 506 IPC and 3/4 POCSO Act, P.S. Kotwali Dehat, District Saharanpur 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 :- 2.5.2019

Masarrat