Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46225 of 2020 Applicant :- Akash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Sharma,Satyendra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Rajesh Sharma, 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. He has not committed the present offence. Applicant is not named in the F.I.R.. Offence under Section 376 IPC is not attracted against him. Nothing was stated by the victim in her statement recorded under Section 164 Cr.P.C. to attract the offence under Section 376 IPC. Referring to the statement of the victim recorded under Section 164 Cr.P.C., it is further submitted that applicant was falsely implicated in this matter. It appears improbable and unbelievable that entire family members would be involved in committing such type of offence. The applicant has no criminal history. He is languishing in jail since 03.09.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and argued that although applicant is not named in the F.I.R. but he had taken the victim from her house along with co-accused. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of 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 Akash involved in Case Crime No. 572 of 2020, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Chakeri, District - Kanpur Nagar 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 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 5.4.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.04.05 15:07:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad