By means of this application the applicant Monendra Singh @ Monu @ Lokendra has prayed to release him on bail in Case Crime No. 87 of 2020, under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station Chandpur, District Fatehpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 28.5.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. Prosecutrix in her statement recorded under Sections 161 and 164 Cr.P.C. has levelled no accusation against the applicant. She has said to have gone alone under her volition. Nothing as enticing, abduction or kidnapping was there and no accusation of rape is there. She has been said to be of 16 years and in medical age determination too the same is there but it has not been made as part of case diary by investigating officer as there is no criminal antecedent and no accusation against the applicant. Hence bail has been prayed for during trial.
Even after sufficient service of notice, none turned up on behalf of the informant to oppose the bail application.
Learned AGA has vehemently opposed the bail application, but could not dispute the fact that prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has levelled no accusation against the applicant.
Having heard learned counsel for both sides and gone through materials on record and under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Monendra Singh @ Monu @ Lokendra , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 17.2.2021 Ravi Prakash