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.124 of 2021 under Sections 363, 366, 376 IPC and Section 4/8/12 of POCSO Act, Police Station-Sarai Akil, District-Kushambi is seeking enlargement on bail during the trial.
The F.I.R. of this incident was lodged by the complainant about the enticement of his daughter (alleged victim) by some unknown person on 22.03.2021 at about 12.00. while she had gone purchased household articles.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case; that the girl was in consensual relationship with the present accused and she was major on the date of the incident; that girl has approached this High Court by filing writ petition No.12215 of 2021 (Smt.Arti Devi and another) for protection, in which she has specifically mentioned that she is major and she has solemnized marriage with the applicant on her own sweet and free will and got their marriage registered in accordance with law; that the High Court has provided protection; that she has not supported fully the prosecution story in her statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C; that the girl has visited several places with the present accused-applicant but she has not raised any alarm anywhere; that as per her medical report, the victim, has been found to be 15-16 years of age. He lastly submitted that the applicant, who is in jail since 29.03.2021 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, Mohd. Ahsan Sheikh @ Farhan Sheikh 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 :- 18.8.2021 Pr/-