By means of this application, the applicant, who is involved in Case Crime No.430/2019, under Sections - 366, 376 I.P.C., Police Station - Dhanepur, District - Gonda, is seeking enlargement on bail during the trial.
This is the second bail application. The first bail application has been dismissed as withdrawn.
According to the version in the F.I.R. is that on 5.12.2019 Ajmal @ Sonu enticed away the daughter of the informant and when the informant reached the house of the applicant to enquire about the whereabout of her daughter, she was abused and threatened by the father and mother of the applicant.
Learned counsel for the applicant has submitted that as per the F.I.R. the alleged incident had occurred on 05.12.2019, whereas the F.I.R. was lodged on 15.12.2019 after ten days without explaining the delay in lodging the F.I.R. It is further submitted that as per statement under Section 161 and 164 Cr.P.C. given by the prosecutrix, it has come out that she was a consenting parity. It is further submitted that the statements of the prosecutrix has been recorded during the trial as PW.2, wherein she has taken U-turn and stated that she neither knew the applicant nor in love with him. It is further submitted in her statement that she gave birth to a child of her husband and not of the applicant. It is further submitted that she was surprised that as to why her mother had lodged F.I.R. against the applicant. It is further submitted that the applicant is innocent and is having no criminal history and has falsely been implicated in this case. The applicant is languishing in jail since 19.03.2020.
On the other hand, learned A.G.A. has opposed the prayer for grant of bail and has submitted that from the F.I.R. and the statement of the informant, the offence is made out against the applicant, but unable to dispute the statements given before the trial court as PW.2, which has been filed alongwith the supplementary affidavit.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let applicant (Mohammad Ajmal Ansari @ Sonu) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
(i) The applicant shall however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 24.8.2021 S. Kumar