Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45224 of 2021 Applicant :- Mohd. Aslam Opposite Party :- State Of U.P Thru Secretary Home Lknw.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Ms. Bindu Rao, learned counsel holding brief of Sri Janardan Yadav, learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Core contention is that no offence whatsoever has been committed by the applicant. The prosecutrix has attained sufficient maturity and is virtually major, even if counting from her date of birth i.e. 20.7.2003. The prosecutrix has categorically stated in her statement recorded under Section - 164 Cr.P.C. that she of her own freewill has accompanied the applicant. Therefore, no offence under Sections - 363, 366 and 376 is made out against the applicant. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 3.9.2021.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Mohd. Aslam involved in Case Crime No. 132 of 2021, under Sections - 363, 366, 376, 504, 506, 120-B I.P.C., under Section - POCSO Act, Police Station - Jahanaganj, District - Azamgarh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.10.2021 S Rawat Digitally signed by ARVIND KUMAR MISHRA Date: 2021.10.30 14:48:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad