Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38102 of 2021 Applicant :- Pankaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avanish Pratap Singh,Shobh Nath Pandey,Shrawan Kumar Pandey,Udai Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Shobh Nath Pandey, learned counsel for the applicant, Sri A.Z. Khan, learned counsel for the informant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.231 of 2021, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Deoband, District Saharanpur, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.
(ii) In statement of victim recorded under Section 164 Cr.P.C., she disclosed her aged about 18 years and she is fully capable of understanding what was happening with her. Victim further states in her statement that she had gone with the accused- applicant on her own will and got married with him before the Court and lived happily as husband and wife. The victim did not level any allegation of rape against the applicant. From the record, victim appears to be a consenting party.
(iii) Applicant is in jail since 22.06.2021. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail but conceded the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, statement of victim recorded under Section 164 Cr.P.C., evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Pankaj be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 24.12.2021 Manoj