Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36133 of 2020 Applicant :- Chhotu Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vindeshwari Prasad, learned counsel for the applicant, Sri Arvind Kumar, learned counsel for the informant and Sri G.P. Singh, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 299 of 2016 under Sections 363, 366, 376(3) IPC and 3/4 POCSO Act, Police Station Ujhani, District Budaun, during the pendency of trial.
As per F.I.R. lodged by Smt. Lakshi Devi, who is 'bua' of the victim, stating therein that she had brought up the victim with her. On on 28.3.2016, when she had gone for 'Mundan' ceremony of her younger son Mohit, victim had also accompanied her but thereafter she was not seen and when search was made, she came to know that accused-applicant and two other co-accused named in the F.I.R. had been seen taking away the victim.
Submission made by the learned counsel for the is that in medical examination report radiological age of the victim is found to be 20 years although in school leaving certificate, the same is recorded as 21.5.2003 which is annexed at page no. 31 of the affidavit. It is further argued that victim has already been married to the applicant of her own free will as per statement given by her under Section 161 Cr.P.C. and 164 Cr.P.C. and this marriage was perforemd with the consent of father of the victim. It is next argued that in this case since Bua of the victim wanted to get the victim married somewhere else, this false report has been lodged. He is in jail since... He has no criminal history. If released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Chhotu 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 :- 6.1.2021 A.P. Pandey