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2017 DIGILAW 803 (ALL)

Deepak Paswan v. State of U. P.

2017-03-21

UMESH CHANDRA SRIVASTAVA

body2017
JUDGMENT Umesh Chandra Srivastava, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The contention of learned counsel for the applicant is that applicant has not committed the crime as alleged, he has been falsely implicated in the present case. Further contention is that applicant did neither entice away the alleged victim nor sexually abused her against her wishes. As a matter of fact, the alleged victim is major and she had gone with applicant with her sweet will and was also a consenting party to the alleged sexual act. The further contention is that prosecution version does not find support from the medical evidence as no mark of injury has been found on the body of the victim in her medical examination. The last contention is that applicant is not a previous convict nor there is any possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 30.07.2016 and he undertakes that he will not misuse the liberty of bail, if granted. Learned A.G.A. has vehemently opposed the prayer saying victim is minor. Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case and also the statement of victim under sections 161 and 164 Cr.P.C. and without commenting on the merits of the case, I deem it fit and proper to enlarge applicant on bail. Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case and also the statement of victim under sections 161 and 164 Cr.P.C. and without commenting on the merits of the case, I deem it fit and proper to enlarge applicant on bail. Let applicant Deepak Paswan be released on bail in Case Crime No. 1361 of 2016, under Sections 363, 366, 376, I.P.C. & 3/4 POCSO Act, P.S. Dhebrua, District Siddharth Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: - (i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.