Chhota vs State Of Uttar Pradesh and Another

Heard over bail application moved by applicant, Chhota, to release him on bail in Case Crime No. 153 of 2020, under sections - 363, 366, 376 (2) (H) (I) (M) I.P.C. and section 3A/4 of POCSO Act, Police Station - Bhopa, District - Muzaffar Nagar.

Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 17.8.2020. Applicant is of no criminal antecedent. He further submits that prosecutrix is major as she has been held to be of 18 years of age in her medical age determination by Medical Board and the same will be with variance of 2 years either sides. She in her statement, recorded under section 164 Cr.P.C., has said to be legally wedded wife of the applicant and lived with the applicant of her own consent and she was with conception of eight months. In her statement, recorded under section 161 Cr.P.C. she has stated that she is living with the applicant without any protest. It is a consensual marriage between them. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.

Even after sufficient service of notice, none is present for the opposite party no. 2.

Learned AGA has vehemently opposed bail, but could not oppose this fact that applicant is of no criminal antecedent.

Having heard learned counsel for both the parties and gone through the material placed on record, it is apparent that prosecutrix has been held to be of 18 years of age in her medical age determination report. She has said nothing incriminating in her statement, recorded under section 164 Cr.P.C., against the applicant. Considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this Court is of the view that the applicant may be enlarged on bail with certain conditions.

Let the applicant, Chhota, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

The computer generated copy of such order shall be self attested by counsel of the party concerned.

The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.