Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16075 of 2021 Applicant :- Anirudh @ Annu Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Anirudh @ Annu, in connection with Case Crime No. 667 of 2020, under Sections 363, 366 IPC, Police Station - Kotwali Auraiya, District - Auraiya.
Heard learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It is submitted by learned Counsel for the applicant that there is no evidence about the applicant enticing away the minor from the custody of her lawful guardian. He has referred to the various statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C. and that before the doctor in confidence, where the prosecutrix has stated that she has a step mother at home, who troubles her and gets her thrashed by her father. The prosecutrix appears to have left her home on her own, along with the applicant and gone to Kanpur and then come back. It is stated in paragraph no. 21 of the affidavit filed in support of the bail application that the applicant has no criminal history and is in jail since 01.09.2020.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the statements of the prosecutrix prima facie do not indicate the minor being enticed away and the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Anirudh alias Annu be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade such person from disclosing facts to the Court or to any Police Officer or tamper with the evidence.
(vi) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of the order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned 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 case of default of any of the condition(s) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 6.4.2021 I. Batabyal