Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19509 of 2021 Applicant :- Hemendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Hemendra Kumar, in Case Crime No. 120 of 2020, under Sections 363, 366, 376 (2) (i) of IPC and Section 4 of POCSO Act, Police Station Jariya, District Hamirpur.
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 6.7.2020; 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; prosecutrix was major; she has been held to be of 16 years in medical age determination by medical board, which may be with variation of two years either way; while being examined before trial court informant as PW-1 and prosecutrix as PW-2 have not supported case of prosecution; rather there is no incriminating statement against applicant. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the above factual aspect Having heard and gone through materials placed on record, it is apparent that prosecutrix as PW-2 and informant as PW-1 have not supported case of prosecution in their statements recorded before trial court.
Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Hemendra Kumar, 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 :- 29.7.2021 Ravi Prakash