Heard learned counsel for the applicant, Sri Dhirendra Kumar Agrahari, learned counsel appearing on behalf of informant and learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 56 of 2020, under Sections 363, 366, 504, 506, 376 IPC & 16/17 Prevention of Children from Sexual Offences Act, Police Station- Chhata, District- Mathura, during the pendency of trial.
As per prosecution case informant (father of victim) lodged F.I.R. on 24.02.2020 regarding an incident dated 16.02.2020, under Sections 363, 366, 504, 506 IPC against four accused persons namely Hero, Babloo, Damodar @ Kallu (applicant) and Smt. Shakuntala. Main stratum of argument of learned counsel for the applicant is that identical situated co-accused Babloo has been granted bail by co-ordinate Bench of this Court vide order dated 01.12.2020 in Criminal Misc. Bail Application No. 36631 of 2020 and case of the applicant is on identical footing to that of co-accused who has been granted bail. It is further submitted that applicant has no criminal history and is languishing in jail since 21.03.2020. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
The prayer for bail has vehemently been opposed by learned Additional Government Advocate. However, he does not dispute the fact that the similarly placed aforesaid co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused Babloo has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Damodar @ Kallu be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 17.8.2021 Ujjawal