Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22305 of 2019 Applicant :- Raju Opposite Party :- State of U.P.
Counsel for Applicant :- Furquan Ahmad (Alvi),Mamta Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice, none present for the informant / opposite party no.2 in the revised call.
Heard Ms. Mamta Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that age of the victim is found over and above 18 years in the medical examination. Referring to the statement of the victim recorded under section 161 Cr.P.C., it is further argued that she had gone with the applicant out of her own free will. She never made any complaint nor raised any alarm at that time. At this juncture, learned counsel has also referred to the statement of the victim recorded under section 164 Cr.P.C. and further argued that victim has changed her version at the stage of recording of the statement under section 164 Cr.P.C. on the advise of her family members. No prima facie case is made out against the applicant. Applicant is languishing in jail since 18.1.2019 having no criminal antecedents. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant as well as the learned AGA 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 Raju involved in Case Crime No.6 of 2019, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Pawai, District - Azamgarh 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. The applicant will not pressurize/ intimidate the prosecution witness.
2. 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.
3. 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 :- 25.10.2021 ss