Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29364 of 2021 Applicant :- Bhura@Lallu @ Irshad Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- Pushpendra Singh
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant, who is involved in Case Crime No.173 of 2021, under Sections 376(1) and 452 I.P.C. and 3/4 the Protection of Children From Sexual Offences Act, 2012, P.S. Arniya, District-Bulandshahar, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant against the named accused persons Bhoora and Arif. It was mentioned in the F.I.R. that on 24.05.2021 accused Bhoora entered into the house of the complainant and forcibly caught hold the daughter of the complainant. When the victim raised alarm, present applicant ran away.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case and further submitted that the alleged victim was in consensual relationship with the present applicant and she was major at the time of incident; that the alleged victim has not supported the prosecution version in her statements recorded under Sections 161Cr.P.C. and 164 Cr.P.C.; she has specifically said that she was having love affair with the present applicant; she had called the present applicant to her house and when her mother seen both of them, her mother slapped both of them and the accused ran away.
He lastly submitted that the applicant, who is in jail since 27.05.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Bhura@Lallu @ Irshad be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 13.8.2021 Asha Digitally signed by Justice Ajit Singh Date: 2021.08.17 15:10:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad