The present bail application was filed through e-Filing. Since the normal functioning of the Court resumes and learned counsel are appearing on behalf of their respective parties in the Court. The Court heard the matter physically after taking additional copy of the bail application from learned counsel for the applicant the case is taken up physically.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 553 of 2020, under Sections 363, 376 I.P.C. and section 3/4 POCSO Act, P.S. Amroha Nagar, district- Amroha, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant about enticement of his daughter, aged about sixteen years against the present accused.
Learned counsel for the applicant submits that although the applicant was named in the first information report but the alleged victim in her statement recorded under Section 164 Cr.P.C. (Annexure-6) has categorically stated that she had left her parental home on her own sweet will and gone with the applicant to Haridwar. However, she in her second statement recorded under Section 161 Cr.P.C. (Annexure-6) has made allegation of rape against the applicant but her medical report does not indicate any marks of violence, injury or sexual assault. He lastly submitted that the applicant, who is in jail since 3.1.2021 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.
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, Pappu @ Akash 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:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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 :- 24.8.2021 Faridul