By means of this application the applicant Akhilesh Soni Alias Rinku Soni has prayed to release him on bail in Case Crime No. 411 of 2020, u/s 376, 323 I.P.C., P.S. Tharwai, District Allahabad.
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 12.10.2020. He is of two criminal antecedents and in both of cases, he has been enlarged on bail by trial Court itself. It has been explained in supplementary affidavit. Occurrence was said to be 6.6.2020 and it was got registered on 23.9.2020 i.e. quite delayed one. It was admitted fact that in statement recorded under Section 164 of Cr.P.c. there was consensual physical relationship since 2015 and on two occasions, prosecutrix moved application for compromise entered in between and not taking any action against applicant. This is third time again this implication has been made to have money, which was admitted to be given very often as assistance to prosecutrix and her family members in statement recorded under Section 164 of Cr.P.C. Because of failure to fulfil demand, this case got registered. Investigation resulted expunge for report of offence punishable under Section 313 of I.P.C. Rather, it was said to be a voluntary consumption of pills by prosecutrix herself and then after getting operated for medical termination of pregnancy. It itself shows voluntary physical relationship. 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 AGA as well as learned counsel for the informant has vehemently opposed.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that prosecutrix is major. She is a married lady, having her divorce petition pending and she had admitted to have physical relation since 2015 and having money from applicant. 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, Akhilesh Soni Alias Rinku Soni, 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 :- 22.2.2021 Kamarjahan