By means of this application the applicant Abhimanyu @ Monu Patel has prayed to release him on bail in Case Crime No. 102 of 2020, u/s 363, 366, 366Ka, 376 I.P.C. & Section 5 ?? (IInd) 6 of POCSO Act, P.S. Chakia, District Chandauli.
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 he is languishing in jail since 26.6.2020. He is of no criminal antecedent and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Prosecutrix is major. In FIR, she has been said to be of 17 years. In medical report too, she has said to be of 17 years, whereas, she in the statement under Section 161 and 164 of Cr.P.C., has categorically said to be married with applicant under her own volition. Nothing incriminating was there. No medical age determination is there. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed with this contention that prosecutrix is minor as per high school certificate and it was an offence of enticing, taking and commission of rape with her.
Having heard learned counsel for both sides and gone thorough the material placed, it is apparent that prosecutrix has said nothing about offence against applicant in her statement recorded under Section 161 and 164 of Cr.P.C. She was said to be 17 years in FIR as well as in other documents too. There is no medical age determination on the basis of ossification test but it is being said to a major girl. Under all above facts and circumstances as well as considering the nature of accusations, severity of the punishment in the case of conviction and 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.
Accordingly, the bail application is allowed.
Let the applicant, Abhimanyu @ Monu Patel, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
Order Date :- 7.1.2021 Kamarjahan