Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25406 of 2021 Applicant :- Prashant @ Shavan Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Chandra
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Prashant @ Shavan, in Case Crime No. 33 of 2021, under Sections-363, 366, 376 I.P.C. and 5 J(ii)/6 of Protection of Children From Sexual Offence Act, Police Station- Ghorawal, District-Sonbhadra.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 06.05.2021; he is of no criminal antecedent; prosecutrix is major; she was said to be of 16 years in First Information Report, itself, but in medical age determination she was held to be of 18-19 years which may with variance of two years either way; she in her statement under Section 161 as well as 164 Cr.P.C. has said nothing incriminating against the applicant, rather, consensual fleeing, marrying and conception is there; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Prashant @ Shavan, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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.
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 :- 22.12.2021 Deepak/ Digitally signed by RAM KRISHNA GAUTAM Date: 2021.12.22 16:56:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad