Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6566 of 2021 Applicant :- Rajjan Gautam Opposite Party :- State of U.P.
Counsel for Applicant :- Umesh Kumar Dubey,Mahendra Tripathi Counsel for Opposite Party :- G.A.,Praveen Kumar Tripathi
Hon'ble Om Prakash-VII,J.
Supplementary affiavit filed today on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. Offences levelled in the matter are not attracted. Victim is aged about 18 years. She had gone with the applicant out of her own free will and also married with him at her own will. At present, victim is residing in the house of the applicant. At this juncture, learned counsel has referred to the medical evidence as well as the statement of the victim recorded under section 164 Cr.P.C. and further argued that no prima facie case is made out against the applicant, who is languishing in jail since 15.3.2020. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 164 CrPC, the medical evidence, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Rajjan Gautam involved in Case Crime No.34 of 2020 under Sections 363, 366, 506, 376 IPC and 3/4 POCSO Act, Police Station Nawabganj, District - Allahabad (Prayagraj) be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 16.8.2021 ss