Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26554 of 2021 Applicant :- Hasmat Ulla Opposite Party :- State of U.P.
Counsel for Applicant :- Ghan Shyam Singh
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.0038 of 2021, under Sections 363 and 376 I.P.C. and Section 3/4 POCSO Act, 2012, under Section 3 (2) (v) of S.C.& S.T. (Prevention of Atrocities) Act, 1989 P.S. Adalhat, District-Mirzapur, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant about the enticement of his daughter by the present applicant Hasmat Ulla in the night of 13.02.2021 who was said to be aged about 16 years. It was mentioned in the F.I.R. that alleged victim had returned on 20.02.2021, thereafter, on the same day F.I.R. was lodged.
Learned counsel for the applicant submitted that the alleged victim was major and she was in consensual relationship with the present applicant. He further submitted that as per radiological report, her age was found to be 18 years, a photo copy of radiological report has been annexed at page 8 of the supplementary affidavit. It is next submitted that the alleged victim lived with the present applicant for six days as wife. She has not raised any alarm anywhere during that period. Medical report of the alleged victim shows that no injury was found on the person of the victim.
He lastly submitted that the applicant, who is in jail since 08.03.2021 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 Hasmat Ulla 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 :- 12.8.2021 Asha Digitally signed by Justice Ajit Singh Date: 2021.08.18 13:13:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad