Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11931 of 2021 Applicant :- Mohd. Hussain @ Hussain Mohammad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahroze Khan 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 Case Crime No.80 of 2018, under sections 363, 366 and 376 I.P.C. and Section 3/4 of Protection of Children From the Sexual Offences Act, P.S.Misrauliya, District-Siddharth Nagar and is in jail since 04.12.2020, is seeking enlargement on bail during the trial.
Report of the incident was lodged by the complainant about the enticement of his daughter, who was stated to be 14 years of age,by the present applicant on 09.05.2018 and the matter was reported on 11.06.2018.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case; the girl was in consensual relationship with the present applicant; she was major at the time of incident; present applicant has not enticed away her which is evident from the statement of the victim recorded under Section 164 Cr.P.C., a copy of which has been annexed at page 42 of the paper book. He further submitted that alleged victim and the present applicant have approached this High Court through Criminal Misc. Writ Petition No.21028 of 2018 in which she stated that she has married with the present applicant out of her own free will and both are living together as husband and wife. He further submitted that the victim went to Bombay and performed marriage and stayed with the applicant for three months in Bombay.
He lastly submitted that the applicant, who is in jail since 04.12.2020 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. Hussain @ Hussain Mohammad 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 :- 28.7.2021 Asha