Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12129 of 2021 Applicant :- Ankit Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Uma Dutt Shukla,Sachin Upadhyay Counsel for Opposite Party :- G.A.,Vijay Prakash Chaturvedi
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Ankit Kumar Yadav has prayed to release him on bail in Case Crime No. 186 of 2020, u/s 363, 366, 376(3) I.P.C. & 3/4 POCSO Act & 3(2)(V) of SC/ST Act, P.S. Khesaraha, District Siddharth Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and he is languishing in jail since 11.11.2020. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail. Prosecutrix, in her statement, has said herself to be major. She has said nothing incriminating against applicant under Section 161 as well as 164 of Cr.P.C. Rather, fleeing voluntarily with a view to have marriage and then after have married, is admitted fact. In medical age determination, she has been held to be of 18 years. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that as per school record, date of birth of prosecutrix is 6.5.2005, written in bail rejection order itself and he be given opportunity for filing above school record, on record.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that no accusation is there in the statement recorded under Sections 161 as well as 164 of Cr.P.C. Rather, prosecutrix has not supported prosecution. She has been held to be major in medical age determination. Under all above facts and circumstances as well as considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Ankit Kumar Yadav, 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 :- 28.7.2021 Kamarjahan