Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25224 of 2021 Applicant :- Abhishek Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Abhishek Singh, in Sessions Trial No. 617 of 2021, Case Crime No. 151 of 2021, under Sectinos 376, 323, 506 IPC and Section 3/4 of POCSO Act, Police Station Lalpur/Pandeypur, District Varanasi Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 3.4.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; prosecutrix is major; she has been held to be of 19 years as per school record; she has admitted rape for once in year 2017, but till filing of this case crime number no report was lodged; as per all those three years there was no complaint; it is a false implication; there is variance in the statement under section 161 and 164 of Cr.P.C., then after her statement again taken by investigating officer, wherein she has denied for offence of rape by applicant on the date of registration of this case crime number; relationship as boyfriend and girlfriend was admitted one, and subsequently this report was got lodged with ulterior motive. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant is of no criminal antecedents.
Having heard and gone through materials placed on record, it is apparent that prosecutrix is major and she has admitted to be under company of applicant since more than three years back.
Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Abhishek Singh, 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 :- 30.7.2021 Ravi Prakash