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2023 DIGILAW 866 (ALL)

Santosh Singh v. State Of U. P.

2023-04-03

RAJ BEER SINGH

body2023
JUDGMENT : [Raj Beer Singh, J.] 1. Heard learned counsel for the applicant-accused, learned counsel for the first informant and learned AGA for the State and perused the record. 2. The present bail application has been filed by the applicant-accused in case crime No.257 of 2020, under Sections 363, 366, 376 IPC and 5/6 POCSO Act, police station Kotwali, District Basti with the prayer to enlarge the applicant on bail. 3. It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and he has not committed any offence. It was submitted that in her statement under Section 161 and 164 Cr.P.C., victim girl has stated that she has gone with applicant-accused with her own free will and that they have married with each other and out of that marriage, she is having pregnancy of 7-8 months. Learned counsel submitted that after the incident, the victim girl has already given birth to a child and that now both the parties are ready that applicant-accused and victim girl shall live as husband and wife. As per ossification test, the age of victim has been shown 18 years. It was submitted that considering the future of victim and child, the applicant-accused may be enlarged on bail. Lastly, it has been submitted that the applicant-accused is languishing in jail since 06.08.2021, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 4. Learned counsel for the informant submits that as both the parties have already married with each other and that a child has also born to victim girl, thus, bail of applicant-accused is not being opposed and he may be enlarged on bail. 5. Learned A.G.A. has opposed the prayer for bail and argued that as per school record, victim is a minor girl. 6. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed. 7. 6. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused Santosh Singh involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: 1. The applicant-accused shall not tamper with the evidence during the trial. 2. The applicant-accused shall not pressurize/ intimidate the prosecution witness. 3. The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. 4. The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 5. The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law.