Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47661
of 2020
Applicant :- Amit @ Majhale
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the material on record.
Order on Criminal Misc. Exemption Application No. 1 of 2021 This exemption application is allowed.
Order on Criminal Misc. Bail Application This bail application has been preferred by the accused- applicant Amit @ Majhale, who is involved in Case Crime No. 382 of 2018, under Sections 363/366 I.P.C., & 7/8 Protection of Children From Sexual Offences Act, Police Station- Talgram, District- Kannauj.
As per F.I.R. lodged by the Mewa Ram, on 21.8.2018 at about 8:00 am when he had gone to purchase medicine and his wife was working at home, at that very moment his daughter who was 16 years of age, hence a minor had gone out for attending the call of nature and did not return for two hours whereafter search was made for her. One Thakur Kripal Singh and Ramesh of the village had disclosed to the informant that applicant and co-accused had taken his daughter on a motor-cycle.
Submission made by the learned counsel for the applicant is that applicant has been falsely implicated. He is innocent. Both witnesses i.e. Thakur Kripal Singh and Ramesh who were named as eye witnesses in F.I.R. had clearly denied to have seen the victim having been taken away by the accused in their statements recorded under Section 161 Cr.P.C. Besides that attention is drawn to the statement of one independent witness Veerpal, who also has stated that he had no knowledge as to who had enticed away the victim. He is in jail since 20.9.2020. He has no criminal history. If released on bail, he will not misuse the liberty of bail.
Learned A.G.A has vehemently opposed the prayer for grant of bail but could controvert the above facts.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the applicant Amit @ Majhale involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 5.4.2021 Vikram