Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12918 of 2021 Applicant :- Aneesh Kumar Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.,Anurag Rai
Hon'ble Umesh Kumar,J.
As Sri Anuraj Rai has appeared for the opposite party no.2, there is no need to send any notice to him.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State and gone through the record.
This bail application has been moved on behalf of accused-applicant- Aneesh Kumar Ram, who is involved in Case Crime No. 214 of 2019 under Sections 363, 376 I.P.C. and Section 5(L)/6 of The Protection of Children From Sexual Offences Act, 2012, Police Station-Saidpur, District-Ghazipur.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; the victim in her statement recorded under Section 164 Cr.P.C. has stated that she, according to her own sweetwill left her parental house and lived with the applicant and thereafter she solemnized marriage with him. Learned counsel for the applicant has categorically stated that the victim willingly married the person with whom she had left her parental house. The applicant is in jail since 23.01.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A. appearing for the State as well as learned counsel for the opposite party no.2 have opposed the prayer for bail but learned counsel for the informant/opposite party no.2 did not raise any objection with regard to the marriage of the applicant with the victim.
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, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in 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 that :-
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 Covind-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 will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are 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 :- 8.4.2021 MN/-