Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25506 of 2021 Applicant :- Mukesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Mishra 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.137 of 2018 under Sections 366, 363, 376 IPC and 5/6 POCSO Act, Police Station-Harpur, Budhat, District-Gorakhpur and is in jail since 06.03.2021, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant about the enticement of his sister by the applicant on 11.10.2018.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case; alleged victim was major at the time of incident and as per the medical report, her age was 18 years as informed by learned A.G.A. on the basis of instructions. He further submitted that the victim has married with the present applicant and she has not supported the prosecution version.
He lastly submitted that the applicant, who is in jail since 06.03.2021 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. and Sri Chandra Prakash Mishra, learned counsel for the complainant.
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 Mukesh 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 :- 27.7.2021 Asha