Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37601 of 2021 Applicant :- Musharraf Ali @ Sonu @ Aryan Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari,A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Musharraf Ali @ Sonu @ Aryan, in Case Crime No. 205 of 2021, under Sections- 363, 366, 376, 504, 506 I.P.C. & 5/6 of POCSO Act, P.S. Ramgarhtal, District- Gorakhpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 17.7.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; prosecutrix is major; she has been said to be of 17 years in first information report itself whereas she has been held to be of 18 years in medical age determination by Medical Board, which may be with variation of two years in either ways; she, in her statements recorded under Sections 161 as well as 164 of Cr.P.C., has said nothing incriminating against applicant. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that as per High School Certificate, her age is 18 years plus.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Musharraf Ali @ Sonu @ Aryan, 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.
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 :- 17.12.2021 Kamarjahan