Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26612 of 2021 Applicant :- Brij Mohan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar
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.325 of 2020, under Sections 363, 366 and 376 I.P.C. and 3/4 POCSO Act, P.S. Kotwali Dehat, District- Mirzapur, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant about the enticement of her minor daughter and suspicion was raised on co-accused Chanda Devi. It was mentioned in the F.I.R. that alleged victim was enticed away on 05.12.2020.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case.
He further submitted that he is married husband of the alleged victim. Radiological age of the victim was found to be 18 years, which is annexed at page 44 of the paper book. The girl has not supported the prosecution version under Section 161 Cr.P.C. She has specifically stated that she has married with the present applicant and stayed with him 15 days at various places. The victim is major at the time of incident and she was in consensual relationship with the applicant.
He lastly submitted that the applicant, who is in jail since 27.12.2020 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 Brij Mohan 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 :- 16.8.2021 Asha Digitally signed by Justice Ajit Singh Date: 2021.08.19 13:12:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad