Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30246 of 2020 Applicant :- Devendra Opposite Party :- State of U.P.
Counsel for Applicant :- Prakhar Tandon,Arjun Singh Solanki Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
None is present for the informant despite service of notice.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that FIR was lodged on the basis of false facts. Date, time and place of the incident, as shown in the FIR, is house of the applicant whereas in the statement of the victim recorded under Section 164 Cr.P.C. time and place of the incident has been changed. Thus, there is contradiction in the prosecution version itself. Informant has mentioned in the FIR that victim was recovered from the house of the applicant. Contrary to this fact victim has stated in the statement under Section 164 Cr.P.C. that she was recovered from the field. No prima facie case is made out. He is languishing in jail since 25.04.2020 having no criminal history. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Devendra involved in Case Crime No. 291 of 2020, under Sections 376 I.P.C. and Section 3/ 4 POCSO Act, P.S. Kasganj, District Kasganj be released on bail on furnishing a personal bond and two heavy 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 during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.4.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.04.06 14:20:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad