Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22683 of 2020 Applicant :- Akash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sujata Choudhary, Mohit Kumar Singh, Saurabh Yadav Counsel for Opposite Party :- G.A.,Deepesh Kumar Ojha
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Akash has prayed to release him on bail in Case Crime No. 257 of 2020, u/s 363, 376 I.P.C. & 3/4 of POCSO Act, P.S. Nauchandi, District Meerut.
Heard learned counsel for the applicant and learned counsel for the informant as well as 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 16.6.2020. He was not named in FIR nor was there any accusation against him in statement recorded under Section 161 of Cr.P.C. Subsequently, this case was developed and an accusation of gang rape was levelled by prosecutrix. It is a false implication. Applicant is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. 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 and he has been subjected to offence of gang rape.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that FIR was got lodged against unknown miscreants. It was with a fact that prosecutrix was missing. Subsequently, prosecutrix was recovered from bus stand. She was all alone. She did not disclosed any offence against accused applicant. Her statement under Section 161 of Cr.P.C. was got recorded, wherein, specific denial of any offence against applicant is there. Subsequently, offence of gang rape was said in statement recorded under Section 164 of Cr.P.C.. 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, Akash, 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 :- 5.1.2021 Kamarjahan