Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34296 of 2021 Applicant :- Pankaj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
In spite of notice served upon opposite party, none appeared on behalf of informant.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.389 of 2020, under Sections 376, 366, 363 and 504 I.P.C. and Section 3/4 POCSO Act, P.S.Phaphund, District Auraiya, during pendency of the trial.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; from perusal of statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., no allegation of rape has been levelled against the applicant; as per statement recorded under Section 164 Cr.P.C. victim on her own sweet will, left her house and went with the applicant, thereafter, they solemnized marriage and stayed with applicant for about twenty days; as per medical report victim is 19 years. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 16.07.2021 and in case he is enlarged on bail he will not misuse the liberty of bail and co- operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Pankaj Kumar, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.12.2021 Meenu