Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11876 of 2021 Applicant :- Avinash Chaudhary Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.,Dheeraj Kumar Singh
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Avinash Chaudhary , in Case Crime No. 340 of 2020, under Sections 363, 376, IPC and Section 5M/6 of POCSO Act, Police Station Gauri Bazar, District Deoria.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 8.12.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; prosecutrix is major; she has been held to be of 17 years in first information report and in medical age determination by medical board, she has been held to be of 16 years, but it may be with variation of two years either way; nothing incriminating is there in the statements recorded under Section 161 and 164 Cr.P.C. of prosecutrix; rather prosecutrix had voluntarily gone all alone, then after having contact with applicant and physical relation, resulting conception. Hence, bail has been prayed for.
Learned counsel for the informant has vehemently opposed with this contention that in first information report age of prosecutrix was said to be 17 years and she was with conception of one pregnancy.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant is of no criminal antecedents.
Having heard and gone through materials placed on record, it is apparent that applicant is of no criminal antecedent and prosecutrix has said nothing incriminating against the applicant.
Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Avinash Chaudhary , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to 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 :- 28.7.2021 Ravi Prakash