Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29120 of 2021 Applicant :- Mastan Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Kumar Srivastava,Pankaj Kumar Counsel for Opposite Party :- G.A.
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 S.T. No. 88 of 2020, Case Crime No.303 of 2019, under Sections 363, 366, 504, 506 and 376 I.P.C. and Section 3/4 Protection of Children From Sexual Offences Act, 2012, P.S. Kotwali Katra, District-Mirzapur and is in jail since 30.11.2019, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant about the enticement of her daughter in the night of 28.10.2019. It has been mentioned in the F.I.R. that daughter of the complainant has taken Rs. 40,000/- and some ornaments from her house along with present applicant and others.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case. He further submitted that the alleged victim was in consensual relationship with the present applicant and she was major at the time of incident; that her medical age was found to be 19 years old; that the alleged victim has not supported the prosecution version in her statement recorded under Sections 161 and 164 Cr.P.C.; in her statement recorded under Section 161 Cr.P.C. she stated that she was in love with the present applicant and she had gone with the present applicant to Bombay out of her own free will and she was not enticed away.
He lastly submitted that the applicant, who is in jail since 30.11.2019 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 Mastan Ali 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 :- 13.8.2021 Asha Digitally signed by Justice Ajit Singh Date: 2021.08.17 15:20:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad