Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10389 of 2021 Applicant :- Pradeep Opposite Party :- State of U.P.
Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant as well as learned A.G.A., over this Bail Application, moved by accused-applicant, Pradeep, and perused the record.
By means of this application, the accused- applicant, who is said to be involved in Case Crime No. 49 of 2020, under Sections 363 and 376 of I.P.C., read with Section 4 of Protection of Children From Sexual Offences Act, 2012, Police Station- Jaithra, District- Etah, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number, which was got registered after one day of the occurrence; prosecutorix is major; she has been held to be 20 years of age in the medical age determination test; she, in her statements recorded, under Sections 161 and 164 of Cr.P.C., has said nothing incriminating against the applicant, rather, she has said to have fled with him under her won volition, with an intention to marry with the applicant; accused-applicant is of no criminal antecedent; there is no likelihood of fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned A.G.A. has vehemently opposed this Bail Application, but, could not oppose this fact that the applicant is of no criminal antecedent.
Even after sufficient service, none is there on behalf of the informant.
Having heard learned counsel for both sides and gone through materials placed on record, it is apparent that the prosecutorix has been held to be 20 years of age in the medical age determination test and she has sad nothing adverse against the present accused-applicant, in her statement, recorded, under Section 161 and 164 of Cr.P.C.
Considering all above facts and circumstance, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without expressing any opinion on merit of the case, a case for grant of bail, during trial, is made out.
Accordingly, this bail application is allowed.
Let the applicant, Pradeep, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 27.7.2021 bgs/