Heard Sri Nand Kishor Mishra, learned counsel for the applicant as well as Sri Pushkar Srivastava, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Spl. Case No. 53 of 2020, Case Crime No.86 of 2020 under sections 363, 366, 376 I.P.C. and section 4 POCSO Act, Police Station Kharela, District Mahoba, during the pendency of trial.
The contention of the learned counsel for the applicant is that the victim is 17 years of age as per FIR and in medical examination, her radiological age is found to be 18 years and no injury has been sustained by her of any kind. In statement under section 164 Cr.P.C., she had stated that she had gone with the accused-applicant of her own free-will and had also married him. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 11.10.2020. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Pushpendra Shrivas involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 22.1.2021 AU