Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28582 of 2021 Applicant :- Anuj Alias Abhimanyu Opposite Party :- State Of U.P And Another Counsel for Applicant :- Pankaj Dwivedi
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.0035 of 2021, under Sections 323, 376, 504 and 506 I.P.C. and 3/4 of the Protection of Children From Sexual Offences (POCSO) Act, P.S. Vindhamganj, District-Sonbhadra and is in jail since 16.04.2021, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant in pursuance of the application filed under Section 156(3) Cr.P.C.. It was mentioned in the F.I.R. that on 24.10.2020 at about 8.00 P.M. when the alleged victim had gone out side from her house to attend call of nature in the field where the applicant met her and committed rape against her and it was also alleged that the matter was reported to the police but the police in association with the accused-applicant sent the daughter of the complainant to the house of the present applicant. It was further alleged that on 29.01.2021 the daughter of the complainant was thrown out from his house.
Learned counsel for the applicant submitted that alleged victim was in consensual relationship with the alleged victim; alleged victim was major at the time of incident and her radiological age was found to be 18 years which is annexed at page 41 of the paper book; alleged victim had married with the present applicant and she had lived with him as wife and when some dispute arose, present F.I.R. was lodged against the applicant.
He further submitted that alleged victim was living at the house of the present applicant which is evident from statement of the alleged victim which is annexed at page 35 onwards in which she has specifically said that she was sent by villagers and the police to the house of the applicant where she stayed for about 2 -3 months. It was further alleged that accused-applicant was abusing her and deamdnding motorcycle and Rs. 3 lac.
He lastly submitted that the applicant, who is in jail since 16.04.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Anuj Alias Abhimanyu be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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.
Order Date :- 12.8.2021 Asha Digitally signed by Justice Ajit Singh Date: 2021.08.18 13:13:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad