Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29951 of 2020 Applicant :- Abhishek Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Rizwan Ullah Siddiqui,Om Prakash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice none is present for the informant.
Learned A.G.A. states that he has uploaded the counter affidavit on the portal on 15.03.2021 but the same is not on D.M.S.
Office is directed to upload the counter affidavit on the D.M.S.
Application is being decided at this stage itself perusing the hard copy of the counter affidavit supplied by the learned A.G.A.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that no prima facie case is made out against the applicant. Entire prosecution case is false, concocted and improbable. It is also argued that victim was major at the time of incident as is clear from the medical evidence/statement of the Doctor concerned. Referring to the statement of the Doctor concerned it was further argued that victim herself has stated before the Doctor concerned that he went along with the applicant. Referring to the statement of the victim recorded under Section 164 Cr.P.C. it was further argued that the same is based on the advise of family members. At this juncture learned counsel appearing for the applicant also referred to the site plan prepared by the Investigating Officer concerned and next argued that Investigating Officer himself has opined that victim could not be confined/detained at the place where she is said to have been detained. Referring to the entire evidence collected during investigation it was further argued that the applicant is in jail since 08.06.2020 having no criminal history.
On the other hand, learned AGA argued that applicant was minor, as is clear from the school certificate (High School), therefore, it will prevail over the medical evidence. Next submission is that a prima facie case is made out against the applicant. Victim was detained in a house for about three days and due to that reason she could not complain. Medical evidence also supports the oral version.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Abhishek Kumar involved in Case Crime No. 14 of 2020, under Sections 363, 366, 376 I.P.C. and Section 3/ 4 Protection of Children from Sexual Offences Act, P.S. Pakari, District Ballia be released on bail on furnishing a personal bond and two heavy 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 during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 5.4.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.04.05 13:45:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad