Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37351 of 2020 Applicant :- Amit Nishad @ Amit Kumar Sahani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Mohan,Karunesh Pratap Singh Counsel for Opposite Party :- G.A.,Munna Tiwari
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Amit Nishad @ Amit Kumar Sahani, in Case Crime No. 193 of 2019, under Sections-363, 366, 376 I.P.C. & 3/4 of POCSO Act, P.S.
Chiluatal, District- Gorakhpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 02.09.2020; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; prosecutrix is major; she has been held to be of 16 and 19 years, in two times medical age determination by Medical Board; she, herself, had filed criminal misc. writ petition, wherein, marriage was admitted in between; there is no accusation in the statement recorded under Section 161 and 164 Cr.P.C. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that a forged and fabricated document of date of birth was filed in the writ petition, wherein, prosecutrix was said to be major but as per High School Certificate, she was of 16 years 4 months and Case Crime No. 217 of 2020, under Sections 419, 420, 467, 468, 471, 506 I.P.C., Police Station Chilhuwa Tal, District Gorakhpur was got registered against the applicant. As the prosecutrix is minor hence, no question of her consent is there.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that prosecutrix has said nothing incriminating against applicant in her statements recorded under Sections 161 as well as 164 of Cr.P.C. She has been held to be of 16 and 19 years, in medical age determination.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Amit Nishad @ Amit Kumar Sahani, 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 :- 26.10.2021 Kamarjahan