Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28687 of 2021 Applicant :- Ashish Opposite Party :- State of U.P.
Counsel for Applicant :- Arimardan Yadav,Jadu Nandan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No. 66 of 2021, under Sections 363, 366 and Section 7/8 POCSO Act, at Police Station Talgram, District Kannauj.
Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that as per the medical examination report of the prosecutrix, she is above 18 years and as such she is major. It is also submitted that the prosecutrix in her statement recorded under Section 164 Cr.P.C. had denied the allegations and she has categorically stated that she wanted to marry with the applicant. Applicant has no previous criminal history. The applicant is languishing in jail since 25.06.2021 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant- Ashish involved in the above mentioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 13.8.2021 AKT