By means of this application the applicant Pravinder Alias Parmendra has prayed to release him on bail in Case Crime No. 366 of 2019, u/s 452, 376, 504, 506 I.P.C. & 3/4 of POCSO Act, P.S. Sehramau South, District Shahjahanpur.
Heard learned counsel for the applicant and learned counsel for the informant as well as AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and is languishing in jail since 26.10.2019. Whereas, prosecutrix, in her statement recorded before trial Court, filed at page No. 32 of paper book, has categorically denied allegations against applicant. She has not supported her statement recorded under Section 164 of Cr.P.C. Informant, in his testimony as PW-1, filed at page No. 30 of paper book, has said that he was a hearsay witness, having no personal knowledge of occurrence. PW-3 mother of prosecutrix has also not supported case of prosecution. Hence, all these three witnesses of fact have not supported the case of prosecution and said that they did not know who committed the occurrence. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed but could not oppose this fact that prosecutrix and other two witnesses of fact including informant have not supported the case of prosecution.
Having heard learned counsel for both sides and gone thorough the material placed on record as well as considering the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant,Pravinder Alias Parmendra, 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.
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 :- 17.2.2021 Kamarjahan