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Allahabad High Court · body

2015 DIGILAW 1627 (ALL)

Shiv Kumar v. State of U. P.

2015-06-26

BACHCHOO LAL

body2015
JUDGMENT Bachchoo Lal, J. Supplementary affidavit has been filed on behalf of the applicant be taken on record. 2. Learned counsel for the applicant is permitted to correct the prayer clause of the bail application. 3. Heard learned counsel for the applicant, learned AGA and perused the record. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. At the time of alleged incident the victim was major and in supplementary medical report her age has been shown about 18 years. The applicant has not enticed away the victim and he has not committed the alleged offence. In the statement recorded under Section 164 Cr.P.C. the victim has clearly stated that she alone reached at Itawa, where the applicant met to her. Thereafter, she and the applicant went to Surat she further stated that she had gone with the applicant on her own sweet will. There was no physical relation with the applicant. There is no criminal history of the applicant and applicant is in jail since 02.12.2014. Therefore, the applicant is entitled for bail. 5. Per contra, learned AGA opposed the prayer for bail. Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail. 6. Let the applicant Shiv Kumar involved in Case Crime No.472 of 2014, under Sections 363, 366 & 376 of IPC, and 7/8 of POCSO Act, Police Station Ajitmal District Auraiya be released on bail on his furnishing a personal bond and 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 evidences. 2. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial. 3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned. 7. In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.