Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17267 of 2021 Applicant :- Kanhaiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.,Akhilesh Kumar Mishra
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Kanhaiya, in Case Crime No. 455 of 2020, under Sections- 363, 376(3) I.P.C. & 4(2) of POCSO Act, P.S. Dhampur, District- Bijnor.
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 3.11.2020; 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; he was not named in the first information report, subsequently, in the statement of prosecutrix his name had surfaced but no incriminating evidence is there against the applicant in her statements recorded under Sections 161 as well as 164 of Cr.P.C., rather, consensual fleeing, thenafter, marriage and living is there. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that on the basis of school record, prosecutrix is minor.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that nothing incriminating is there in the statement of prosecutrix recorded under Sections 161 as well as 164 of Cr.P.C.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Kanhaiya, 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.
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 :- 22.12.2021 Kamarjahan