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2022 DIGILAW 296 (ALL)

Lallu @ Ramdhari v. State of U. P.

2022-03-04

RAJEEV SINGH

body2022
JUDGMENT : 1. From the record, it is evident that notice has been served on the complainant and name of Shri Ashok Kumar Verma is shown in the cause list as counsel appearing for the complainant, but none is present on behalf of respondent no. 2. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present bail application has been filed by the applicant in F.I.R. No. 116 of 2020, under Sections 376, 506 IPC and Section 3/4 POCSO Act, Police Station Tarabganj, District Gonda with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submits that applicant has falsely been implicated in the present case. In the F.I.R., it is alleged that the applicant was making physical relation with the prosecutrix since last one year and when she conceived, applicant and the co-accused advised her to consume medicine for abortion, failing which, she will be eliminated. It is further alleged therein that she informed about the incident to her uncle (elder brother of her father), who brought the prosecutrix to the police station. It is further submitted that statement of the prosecutrix was recorded under Sections 161 and 164 Cr.P.C. and in her statement under Section 164 Cr.P.C., she stated that she was carrying pregnancy of eight months and she was advised by the accused persons for taking medicines to abort the fetus. Learned counsel for the applicant vehemently submits that the medico legal report does not support the statements of the prosecutrix and there is no opinion of the doctor in relation to pregnancy of the prosecutrix. It is also submitted that as per the radiological report, age of the prosecutrix is about 18-19 years. It is lastly submitted that the trial is not going on and the applicant, who has no criminal antecedent, is in jail since 05.06.2020. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation. 5. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but does not dispute the fact that the prosecutrix deposed before the Magistrate at the time of recording her statement under Section 164 Cr.P.C. that she was carrying pregnancy of eight months, but the medico legal report does not support the same. 6. 5. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but does not dispute the fact that the prosecutrix deposed before the Magistrate at the time of recording her statement under Section 164 Cr.P.C. that she was carrying pregnancy of eight months, but the medico legal report does not support the same. 6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C. as well as medico legal report and other relevant documents, I am of the view that the applicant is entitled to be released on bail. 7. Let applicant -Lallu @ Ramdhari be released on bail in F.I.R. No. 116 of 2020, under Sections 376, 506 IPC and Section 3/4 POCSO Act, Police Station Tarabganj, District Gonda, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. 8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.