Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No. 272 of 2020, under Sections 363, 366A, 368 of IPC, Police Station Jariya, District Hamirpur.
Counsel for the applicants argues that the allegations levelled in the FIR is wholly baseless. To substantiate the said argument, he has placed on record the order passed by this Court dated 3.12.2020 in Crl. Misc. Writ Petition No. 14299 of 2020 wherein the Court has recorded the statement of the Petitioner No. 1, Radha Rani that she was not abducted and had gone on her own sweet will and has also solemnized marriage on 17.11.2020. In view of the said order recording the statement of the victim coupled with the fact that no specific role has been assigned against the applicants, applicants are entitled to be enlarged on bail. He further submitted that the applicants have no criminal history and are in jail since 18.11.2020. This fact has not been disputed or denied by the learned AGA. He further submitted that there is no possibility of the applicants' fleeing away from the judicial process or tampering with the prosecution evidence or witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. There is nothing on record to demonstrate that if the applicants are enlarged on bail, it would adversely affect the trial of the case.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants.
Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, I am of the view that the applicants are entitled for bail.
Let the applicants Laxman alias Kallu and Bharat involved in aforesaid case crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 20.1.2021 vinay