Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15380 of 2021 Applicant :- Komal Opposite Party :- State of U.P.
Counsel for Applicant :- Viveka Nand Rai Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant Komal to release him on bail in Case Crime No. 107 of 2017, under sections 354A IPC, Section 3 (2) VA of SC&ST Act, and Section 7/8 POCSO Act, Police Station Nibohara, District Agra.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 27.1.2021 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. He was not apprehended on spot nor was there any recovery from him. It was an implication owning to village enmity. Prosecutrix refused to get her statement recorded before the Magistrate under section 164 Cr.P.C. and medical report is of no support of alleged occurrence. there was no external injury over the person of prosecutrix nor any statement before Magistrate is there. Applicant is of no criminal antecedents. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application with this contention that instant report with consistent statement of prosecutrix is there.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that prosecutrix in her statement recorded under section 161 Cr.P.C, has said that informant was not present at the spot. On her crying, mother of the prosecutrix reached at the spot and then after the applicant fled away from the spot and he could not be apprehended on the spot. The accusation is of obscene act by applicant which has been denied.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Komal , 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 :- 4.5.2021 Ravi Prakash