Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14368 of 2021 Applicant :- Ankur @ Ankul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Crux contention raised before this Court is that no offence whatsoever has been committed by the applicant. Bare perusal of the F.I.R. itself is indicative of fact that the applicant happens to be mere passenger in the auto-rickshaw and he only boarded the auto-rickshaw and alighted at some distance and had nothing to do with the offence in question. Now, the prosecutrix being pressurized by her parents made statement under Section - 164 Cr.P.C. that handkerchief was placed upon her head in the auto-rickshaw by the applicant. The main offence has been alleged to have been committed by co-accused- Sachin, who enticed away the prosecutrix. Whatever allegations regarding the rape has been made has been alleged against co-accused- Sachin. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 25.12.2020.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Ankur @ Ankul involved in Case Crime No. 1011 of 2020, under Section - 376 I.P.C., Section 3/4 POCSO Act and Section 3(2)5ka SC/ST Act, Police Station - Surajpur, District - Gautam Buddh Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that advantage of this bail order shall not go to another co- accused, namely, Sachin, whose role is distinguishable from the present applicant.
Order Date :- 26.10.2021 S Rawat