Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47709 of 2021 Applicant :- Arjun Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned AGA informed that notice has been duly served upon complainant.
Despite service of notice none present on behalf of complainant.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Arjun seeking enlargement on bail during trial in connection with Case Crime No. 84 of 2021, under Sections 354-Ka, 506 I.P.C. and Section 8 POCSO Act, registered at P.S.- Kharella, District- Mahoba.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant has not committed the alleged offences. There is no external or internal injury on the person of victim. There are 26 days delay in lodging the FIR which has not been explained. There are no criminal antecedents of the applicant. Further submitted that the victim in her statement under section 164 Cr.P.C. has stated that applicant and co-accused caught her, but did not do anything wrong with her. Further submitted that the applicant is languishing in jail since 25.08.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, statement of victim under sections 161 and 164 Cr.P.C., a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Arjun involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 v.k.updh.