Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16367 of 2021 Applicant :- Aman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Despite notice being issued none has put in appearance on behalf of the complainant.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.64 of 2018, under sections 363, 366 and 376 I.P.C. and Section 3/4 Protection of Children From Sexual Offence Act, P.S. Kotwali Sadar, District-Pilibhit and is in jail since 12.02.2021 is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by complainant about the enticement of his daughter aged about 16 years by the applicant on 03.02.2018.
Learned counsel for the applicant submitted that as per the F.I.R. age of the girl is stated to be 16 years. In the medical examination doctor has opined that no evidence of any forced sexual violence was seen.
He further submitted that the applicant is quite innocent and has been falsely implicated in the present case; that the alleged victim was in consensual relationship with the present applicant and she was major at the time incident; that the alleged victim has not supported the prosecution version in her statement recorded under Section 164 Cr.P.C., a copy of her statement has been annexed at page 47 of the affidavit; that in her statement recorded under Section 164 Cr.P.C. the victim stated that she has solemnized marriage with the present applicant out of her own sweet will and lived with him for five days and that she has not raised any alarm anywhere about her captivity.
He lastly submitted that the applicant, who is in jail since 12.02.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Aman be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 27.7.2021 Asha