Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33180 of 2021 Applicant :- Manoj Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A.,Umesh Chandra Prajapati
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Umesh Chandra Prajapati, learned counsel for the informant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 397 of 2021, under Sections 363, 366, 504, 506, 376 I.P.C. and section 3/4 POCSO Act, P.S. Arach, district-Jhansi, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against the present accused, alleging therein that on 2.1.2021 at about 10:00 O'clock in the morning the present accused had enticed away her daughter, who was living at the house of her maternal grandmother.
Learned counsel for the applicant submits that the alleged incident is said to have taken place on 2.1.2021 and the first information report was lodged after an inordinate and unexplained delay of more than one and half month. Further submission is that the alleged victim was major and she was in consensual relationship with the applicant. The alleged victim wanted to marry with the applicant but their marriage could not be solemnized, which is evident from her statement recorded under Sections 161 and 164 Cr.P.C. (Annexure- 2 & 3). She also stated in her statement that she had left her maternal grandmother's home on her own sweet will and gone with the applicant and solemnized marriage with him. He lastly submits that the applicant, who is in jail since 15.3.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Learned A.G.A., as well as learned counsel for the informant have vehemently opposed the prayer for bail but have not disputed the fact that the victim has solemnized marriage with applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that the victim has not supported the prosecution case in her statement under Sections 161 and 164 Cr.P.C., considering the facts and circumstances of the case 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, Manoj 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:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
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 :- 27.10.2021 Faridul