Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32582 of 2021 Applicant :- Manish Ram @ Manish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Prasad Mahant Counsel for Opposite Party :- G.A.,Akhilesh Kumar
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant, who is involved in Case Crime No. 186 of 2019 under sections 363, 366, 120-B I.P.C. and 5/6 POCSO Act, P.S. Mardah, District-Ghazipur , is seeking enlargement on bail during the trial.
The FIR of this incident was lodged by the mother of the alleged victim against the present accused and other co- accused. It was further alleged in the FIR that the present accused had enticed away the minor daughter of the complainant.
Learned counsel for the applicant submitted that the applicant is quite innocent and he has been falsely implicated in the present case. He further submitted that the alleged victim has refused the medical to be done, she was major and she has solemnized marriage with the present accused, this fact had not been disputed by the counsel for the informant-Sri Akhilesh Kumar. Learned counsel further submitted that alleged victim had lived with the present accused for about five months in Punjab, there she had married the present accused and she is still living with the present accused, it shows that the applicant is a consenting party. He lastly submitted that the applicant, who is in jail since 10.5.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant-Manish Ram @ Manish Kumar, be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 16.9.2021 Ankita