Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22921 of 2020 Applicant :- Monu @ Satya Prakash Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Dhirendra Kumar Pal Counsel for Opposite Party :- G.A.,Vijay Kant Dwivedi
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Monu @ Satya Prakash has prayed to release him on bail in Case Crime No. 227 of 2019, u/s 363, 366, 376 I.P.C., 3/4 of POCSO Act and 3(2)5 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Najirabad, District Kanpur Nagar.
Heard learned counsel for the applicant and learned counsel for the informant as well as learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 24.11.2019. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Prosecutrix was of 18 years, as has been held by Medical Board in medical age determination. She, in her statement under Section 161 and 164 of Cr.P.C. has said nothing incriminating against applicant rather has said to have gone under her own volition, without any enticing or taking. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed with this contention that prosecutrix is minor.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that prosecutrix was major, as has been determined by Medical Board. There is nothing incriminating against applicant in statements recorded under Sections 161 and 164 of Cr.P.C. Under all above facts and circumstances as well as considering 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, Monu @ Satya Prakash, 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 :- 6.1.2021 Kamarjahan