Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21255 of 2021 Applicant :- Govind Opposite Party :- State of U.P.
Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.,Amar Chandra,Sunil Kumar
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Amar Chandra, learned counsel for the complainant and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.0266 of 2019, under Sections 363 and 376 I.P.C. and 3/4 POCSO Act, P.S. Katra, District-Shahjahanpur and is in jail since 08.01.2020, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by complainant about disappearance of her daughter in the night of 18/19.07.2019. It was alleged in the F.I.R. that the victim is aged about 19 years who was enticed away by the present applicant, co-accused Ramesh and his wife.
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 the alleged victim has not supported the prosecution version in her statement recorded under Section 164 Cr.P.C., a copy of her statement has been annexed at page 29 of the affidavit; that the alleged victim, the applicant and co- accused have filed Criminal Misc. Writ Petition No.21389 of 2019, a copy of which has been annexed at page 19 of the paper book, in which it has specifically been mentioned that alleged victim voluntarily solemnized marriage with the present applicant.
He lastly submitted that the applicant, who is in jail since 08.01.2020 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. and Sri Amar Chandra, learned counsel for the complainant 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 Govind 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 :- 29.7.2021 Asha