1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 115 of 2022, under Sections 363, 366, 376, 506 IPC & Section 3/4 of POCSO Act, Police Station- Derapur, District- Kanpur Dehat, during pendency of the trial.
3. Allegation in the first information report is that minor daughter of the informant was enticed away by the applicant and she alongwith her took away Rs. 50000/- cash and gold ornaments.
4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Statements of the victim recorded under Sections 161 & 164 Cr.P.C. are not supporting the prosecution version. He next submitted that as per the allegation victim is minor but infact victim is major and she on her own sweet will went with the applicant and lived with the applicant for 5 to 6 days. He next submitted that victim is major and her age was concealed in her educational record. Medical examination report of the victim is also not supporting the prosecution case. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 07.06.2022 having no criminal history.
5. Per contra, learned A.G.A. vehemently opposed the bail prayer of the applicant.
6. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, statements of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.
7. Let the applicant- Harsh Sharma, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
