Heard Sri Yatish Kumar Dwevedi, Advocate holding brief of Sri Sudhir (Chandraul), learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 411 of 2020, under Sections 363, 366 & 376 of I.P.C. and Section 6 of P.O.C.S.O.C Act, P.S. Kotwali Karwi, District Chitrakoot.
As per F.I.R., which has been lodged by the father of the victim, it has been stated that her daughter had been enticed away by the accused applicant when he and his wife were not at home.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; he is totally innocent. It is further argued that the victim in her statement under Section 164 Cr.P.C. stated that she had gone with the accused applicant on her own free will because her parents used to beat her. As per high school certificate her age is above seventeen years and it is also apprised that radio-logical age of the victim has not been determined in this case. The accused applicant has no criminal history; he is in jail since 10.09.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that the victim has not supported the prosecution case, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Chhotu @ Saket involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 25.1.2021 VPS