Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36770 of 2021 Applicant :- Prinshu @ Priyanshu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Prinshu @ Priyanshu, in Case Crime No.140 of 2021, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Azim Nagar, District Rampur.
Heard learned counsel for the applicant, Sri Mirza Ali Zulfikar, learned counsel who has put in appearance on behalf of the informant 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 23.05.2021; he is of no criminal antecedents, 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. It is submitted that the prosecutrix is major, she is said to be 16 years of age whereas the medical determination her age to be 17 years. She herself stated to be of 19 years in her statement under Section 161 as well as Section 164 CrPC. There is nothing incriminating against the applicant.
Learned counsel for the informant as well as learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents and there is nothing incriminating against the applicant.
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, Prinshu @ Priyanshu, 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 :- 23.12.2021 Shahroz