By means of this application the applicant Gabbar @ Mewa Lal has prayed to release him on bail in Case Crime No. 79 of 2020, under Sections 376, 354, 452, 504, 506 IPC, Police Station Line Bazar, District Jaunpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 6.3.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. Prosecutrix is major. She in her statement under Section 161 and 164 of Cr.P.C. has categorically said to be under her voluntarily living with applicant for three days at Surat for which there is no protest at all. No complaint or any evidence is there for this fleeing. The other accusation is that marriage of prosecutrix was got broken by applicant which is a malicious contention and offence for criminal trespass was got lodged and attempt to drag the prosecutrix from home was an inimical prosecution, with ulterior motive. Prosecutrix had refused for her medical examination as has been said by medical officer in his evidence under Section 161 Cr.P.C. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application, but could not oppose that prosecutrix is major. She had voluntarily gone with the applicant who was already married having two kids and after three days living as life, the prosecutrix came back with no complaint at all.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Gabbar @ Mewa Lal , 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 :- 21.1.2021 Ravi Prakash