Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23248 of 2020 Applicant :- Brijendra Paswan Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Nath Bhakta Counsel for Opposite Party :- G.A.,Akhilesh Kumar
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Brijendra Paswan has prayed to release him on bail in Case Crime No. 57 of 2020, u/s 363, 366, 376, 506 I.P.C. & 3/4 of POCSO Act, P.S.
Kotwali, District Fatehpur.
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 is languishing in jail since 7.2.2020. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Prosecutrix was major and she went with applicant upon her own will. She was in affair with applicant since last two years. She, in her statement recorded under Section 161 and 164 of Cr.P.C., has categorically said when applicant refused to solemnize marriage with her, this report got lodged. Whereas, applicant is still ready to get married with prosecutrix. The accusation was against the fact of consensual living of prosecutrix with applicant. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed but this fact was not opposed that prosecutrix has been held to be of 19 years in medical age determination and prosecutrix itself is ready to get married with accused applicant, for which some affidavit is said to be ready and will be filed in office.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that prosecutrix was major and as per statements, she went with applicant under her own volition, under assurance of marriage, for which applicant is ready. 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, Brijendra Paswan, 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 :- 6.1.2021 Kamarjahan