By means of this application the applicant Bhonu Alias Jai Prakash Gupta has prayed to release him on bail in Case Crime No. 254 of 2020, u/s 363, 366, 376 I.P.C., P.S. Robertsganj, District Sonbhadra.
Heard learned counsel for the applicant and learned counsel for the informant as well as learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and he is languishing in jail since 14.6.2020. He is of no criminal antecedent and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. FIR was got lodged on 3.4.2020, by Shomaroo against applicant with this contention that 5 to 6 days back, prosecutrix, was enticed and taken by applicant whereas, it was a delayed report and it was concocted one. Prosecutrix was said to be of 18 years in FIR itself and in medical age determination, she has been determined so. She was major. She went under her own volition. She, in her statement recorded under Section 161 Cr.P.C. and 164 Cr.P.C., she has said to be with new cloths, given by applicant and she never raised any protest at any point of time. It was a consensual fleeing with applicant. Hence bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that prosecutrix was minor and there must be an offence under POCSO Act, for which applications have been moved before police officers as well as Court of Magistrate. It has been written in the order of rejection by trial Court that there may be lapse on the part of Investigating Officer.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that father of prosecutrix himself has said in report that prosecutrix was of 18 years. She has been held so, in medical age determination test by Medical Board and for all those 5 to 6 days, she lived with new cloths given by applicant with no protest or complaint at any point of time. Under all above facts and circumstances as well as considering the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Bhonu Alias Jai Prakash Gupta, 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 :- 8.1.2021 Kamarjahan