Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11047 of 2021 Applicant :- Ram Kumar Maurya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Notice was issued and served upon opposite party no.2 but no one has put in appearance on behalf of the opposite party no.2.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in S.S.T No.04 of 2021 arising out of Case Crime No.216 pf 2020, under sections 452, 506 and 376 I.P.C. and 3/4 of Protection of Children From Sexual Offences Act and 3(2) (5) S.C. & S.T. Act, P. S. Sarai Khawaja, District- Jaunpur and is in jail since 17.10.2020, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by complainant on 15.09.2020 at 6.26 P.M. whereas the incident is stated to have taken place on 09.08.2020 at about 12.00 A.M.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the alleged victim was in consensual relationship with the applicant, which is evident from the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C.; the victim is major as per the medical report. In the medical report, it has been mentioned that right knee joint, right elbow joint and right wrist joint which means that she is aged about 18 years of age; medical report does not support the prosecution version.
He further submitted that present applicant has solemnized the marriage with the alleged victim and photos of the marriage have been annexed at page 53 of the paper book. He lastly submitted that the applicant, who is in jail since 17.10.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during 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 Ram Kumar Maurya 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:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
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.
Order Date :- 28.7.2021 Asha