Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32114 of 2021 Applicant :- Dheeraj Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Dheeraj in Case Crime No. 432 of 2020, under Sections 363, 366, 376(2) (N) IPC and Section 6 of Protection of Children from Sexual Offences Act, Police Station-Baheri, District-Bareilly.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 10.06.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. First information report was got lodged against Vinod Sagar; applicant is not named in it; prosecutrix was said to be of 15 years, whereas, as per school record, she was of more than 17 years, and she has refused for her medical examination; nothing incriminating against the applicant is there in her statement recorded under Sections 161 and 164 Cr.P.C.; prosecutrix is married with applicant; she lived with applicant, still at present, she is living with applicant. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose the above factual aspects.
Even after sufficient service of notice none appeared on behalf of the informant to oppose this bail application.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Dheeraj, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable 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.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.10.2021 Dhirendra/