Heard learned counsel for the applicant, Shri Sitaram Patel, learned counsel for the informant and Shri Mithlesh Kumar, learned AGA for the State as well as perused the record.
This bail application has been moved on behalf of the accused-applicant, who is involved in Case Crime No.206 of 2020, CNR No.UPB No.1006920 of 2020, under Section 302, 377, 201, 404 IPC Section 5/6 Protection of Children From Sexual Offence Act and Section 3(2) (V) S.C./S.T. Act, Police Station- Ujhani, District- Budaun.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in this case. He has been falsely implicated only on the basis of suspicion. Co-accused Arjun Prajapati has already been enlarged on bail vide order dated 03.12.2020 passed in Criminal Misc. Bail Application No.41813 of 2020. Criminal history of one case has been explained in paragraph No.21 of the affidavit. Applicant is languishing in jail since 07.08.2020 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer of bail but could not dispute the argument submitted by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature and gravity of accusation, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicants-Arpit Sharma @ Dharmendra be released on bail in Case Crime No.206 of 2020, CNR No.UPB No.1006920 of 2020, under Section 302, 377, 201, 404 IPC Section 5/6 Protection of Children From Sexual Offence Act and Section 3(2) (V) S.C./S.T. Act, Police Station- Ujhani, District- Budaun on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) 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.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 12.2.2021 Ashutosh Pandey