By means of this application the applicant, Nikhil Srivastava, has prayed to release him on bail in Case Crime No. 165 of 2020, under Sections-363, 366, 376, 120-B I.P.C. and Section 3/4 of Protection of Children From Sexual Offences Act, Police Station-Lalganj, District-Basti.
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. He has been falsely implicated in this very case crime number and is languishing in jail since 23.09.2020. He is of no criminal antecedent. Prosecutrix is major. She has been held to be of 18 years of age in medical age determination by the medical board. She in her statement under Section 161 Cr.P.C. has said nothing incriminating against the applicant, whereas, under Section 164 Cr.P.C. she has developed the case with the allegation of rape. It was a consensual fleeing for which this report was got lodged after much considerable delay that too not against the applicant. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that applicant is of no criminal antecedent.
Even after sufficient notice none is present for the informant to oppose this bail application.
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent, that prosecutrix has been held to be of 18 years of age in medical age determination by medical board. She in her statement under Section 161 Cr.P.C. has said nothing incriminating against the applicant. Though, under Section 164 Cr.P.C. she has levelled accusation of rape against the applicant. This report was got lodged after a considerable delay and no accusation of rape prior to this statement under Section 164 Cr.P.C. was there. Considering the nature of accusations, severity of the punishment in the case of conviction but 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.
Let the applicant, Nikhil Srivastava, 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 :- 22.1.2021 Deepak/