Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29181 of 2021 Applicant :- Dharmendra Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.K.Paramhans Singh,Manvendra Narain Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Dharmendra Kushwaha in connection with Case Crime No.0022 of 2021, under Sections 363, 376, 120-B I.P.C. and Section 3/4 of The Protection of Children from the Sexual Offences Act, Police Station Mail, district Deoria.
The first information report of this incident was lodged by the complainant against three persons including the applicant. It was alleged in the first information report that on 19.02.2021 the applicant had enticed away the daughter of the complainant, who was aged about 17 years with the help of co-accused Prabhawati Dewi and Jitendra Kushwaha.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged victim was in consensual relations with the applicant and she has lived with the applicant for about one and half month with her own sweet will and has not raised any alarm anywhere to save herself. He submitted that the alleged victim was major as per High School certificate, copy whereof has been annexed on page no.41 of the paper book. He submitted that as per medical the alleged victim was found to be 18 years. He submitted that the applicant is languishing in jail since 25.03.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Dharmendra Kushwaha involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
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 :- 25.10.2021 R./