Vakalaltnama filed today by Sri Mohd. Javed Akhtar on behalf of informant is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. In this case, applicant has not committed any offence with victim. Age of victim is above 16 years. Victim went with applicant voluntarily in search of job to Delhi. No physical relation was made by the applicant with victim. The applicant is languishing in jail since 8.11.2020, having no criminal history. There is no direct or indirect evidence to support the prosecution case. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Lal Krishna Patel Alias Bal Krishna Patel Alias Nankau involved in Case Crime No. 532 of 2020, under Sections 363, 366 IPC and Section 7/8 POCSO Act P.S.-Manda, District-Prayagraj be released on bail on 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.2.2021 A. Singh