Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3119 of 2021 Applicant :- Akaram Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant-Akram to release him on bail in Case Crime No.1559 of 2020, u/s 354, 354-D, 323, 392 I.P.C., P.S.-Kavi Nagar, District-Ghaziabad.
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 and has falsely been implicated in this very case crime number. Applicant is in jail since 09.11.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. First Information Report was delayed by 13 days and prosecutrix was major, hence, offence under POCSO Act was deleted. She in her statement under Section 161 Cr.P.C. recorded at Page No.17 of affidavit has categorically said to be of acquaintance with applicant and one other co-accused. The name of third accused Anas in First Information Report was on the basis of hearsay that is informant himself was not sure about the accused persons. It was a false implication, hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application, but could not dispute the fact that applicant is of no criminal antecedents.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that there was close previous acquaintance in between applicant and prosecutrix.
Under all above facts and circumstances, 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- Akram 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 :- 6.5.2021 SK Goswami