Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22548 of 2021 Applicant :- Pushpendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
The present bail application was filed through e-Filing. Since the normal functioning of the Court resumes and learned counsel are appearing on behalf of their respective parties in the Court. The Court heard the matter physically after taking additional copy of the bail application from learned counsel for the applicant the case is taken up physically.
Despite service, none is present on behalf of the informant.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 32 of 2021, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Palimukeempur, district-Aligarh, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant regarding disappearance of his minor sister against unknown person on 13.2.2021.
Learned counsel for the applicant has submitted that the victim as per medical opinion is aged about 16-17 years. The law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the victim being major cannot be ruled out. He next submits that the victim was a consenting party, who eloped with the applicant and lived with him for five days was having ample opportunities to raise alarm or cries for help but she did not raise any alarm anywhere. Further submission is that the alleged victim was in love with the present accused, which is evident from her statement recorded under Section 164 Cr.P.C. (Annexure-7). Her medical report does not indicate any marks of violence, injury or sexual assault. He lastly submits that the applicant, who is in jail since 12.3.2021 and has no criminal antecedents to his credit, is entitled to be enlarged on bail during the pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Pushpendra be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Digitally signed by Justice Ajit Singh Date: 2021.08.19 11:26:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 16.8.2021/Faridul