Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30062 of 2021 Applicant :- Dhanmantar Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Rathore,Sanjeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.32 of 2021, under Sections 363, 366, 376 and 506 I.P.C., P.S. Bewar, District-Mainpuri and is in jail since 21.01.2021, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant about the enticement of her sister by the applicant. It was alleged in the F.I.R. that present applicant enticed away her sister on 17.01.2021.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case; that the alleged victim was in consensual relationship with the present applicant and she was major at the time of incident; that she has gone with the applicant out of her own will; she has not supported the prosecution version in her statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C.; that when the victim was taken to the medical examination she specifically said that she has gone with the present applicant with her own will.
He further submitted that as per educational certificate, age of the victim was about 20 years, which is annexed at page 44 of the paper book. When the girl was medically examined, no internal or external injury was found on the person of the victim. Hymen of the alleged victim was ruptured (old) which shows that girl was not forcibly raped.
He lastly submitted that the applicant, who is in jail since 21.01.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Dhanmantar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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.
Order Date :- 16.8.2021 Asha Digitally signed by Justice Ajit Singh Date: 2021.08.19 13:10:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad