Heard learned counsel for the applicant, learned A.G.A. as well as learned counsel for the informant and perused the material placed on record.
This bail application has been preferred by the accused-applicant- Julius Masih @ Sintu Masih, who is involved in Case Crime No. 241 of 2020, under Sections 363, 366, 376(3) I.P.C. and Section 4(2) POCSO Act, Police Station- Maudaha, District- Hamirpur.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case; that the statement of the victim under Section 161 Cr.P.C. has been recorded, in which she has stated that on 27.01.2020, she got married with the applicant in Kanpur Nagar and her actual age is 19 years and she has neither been cajoled by the applicant nor she has been kidnapped by him, she herself left with the applicant out of her own free will; that after the marriage they were residing in Kanpur Nagar and on 07.03.2021 they got registered their marriage in the office of Registrar of Marriage, Kanpur Nagar under the Uttar Pradesh Marriage Registration Rule, 2017; that victim has written the applications to the District Magistrate, Kanpur Nagar as well as S.P., Hamirpur ventilating her grievances; that birth certificate of Smt. Rachna was issued by Nagar Palika Parishad, Maudaha in which her date of birth has been shown as 13.01.2001. It is lastly contended that the applicant is languishing in jail since 13.06.2020 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A as well as learned counsel for the informant have vehemently opposed the prayer for bail submits that as per high school certificate the age of the victim is 15 years and 7 months and the victim is minor.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Needless to note that any observation touching the merit of the case, if has come in this order that is only for the purpose of deciding this bail application and learned Court below will not be influenced in any way thereof while deciding the case finally.
Order Date :- 18.1.2021 SK Srivastava