Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.13 of 2021, under Sections 370 (1) I.P.C., Police Station Mahila Thana, District Barabanki, with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that as per the prosecution story, the prosecutrix is the resident of P.S. Baroopthar, District Assam and her marriage was solemnized with Prince Verma in the year of 2019 who was a taxi driver at District Ghaziabad. He also submitted that the prosecutrix was called by the father of the informant at his village and thereafter, the prosecutrix was sold to Sahil Pancha.
Learned counsel for the applicant has further submitted that the applicant was not aware about the alleged deal and he is only neighbour of Shail Pancha. He also submitted that during the course of investigation, the statement of prosecutrix was recorded under Section 161 Cr.P.C. in which she has categorically stated that her father-in-law has sold her, but this fact was not known to her and she was kept in the house of Ramu Gautam who has also not stated anything to her. There is no allegation against the applicant. He also submitted that applicant does not have any criminal antecedent and he is in jail since 06.06.2021. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant, but he does not dispute the fact that the father-in-law of the prosecutrix tried to sold her to Sahil Panchi and applicant was the only his companion.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances of the case and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Pappu Bhai Sharma - be released on bail in aforesaid Case Crime, on his furnishing personal bond of Rs.2 Lacs and two reliable sureties each of the said amount to the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 30.7.2021 S. Shivhare