Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47791 of 2021 Applicant :- Ram Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Achint Ranjan Singh,Ramesh Singh Counsel for Opposite Party :- G.A.,Dr.Abida Syed.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, Smt. Dr. Abida Syed, learned counsel for the High Court Legal Services Committee and perused the material available on record.
Learned A.G.A. informed the Court that notice has been served on the informant.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.69 of 2021, under Sections 354-A, 294 I.P.C. and Section 7/8 POCSO Act, Police Station- Saadh District- Kanpur Nagar Learned counsel for the applicant mainly contended that applicant is a Scheduled Caste member and informant belongs to OBC community and due to village party bandi he has been implicated in this case only because he has lodged a complaint for attempt to rape but the F.I.R. was not registered due to political pressure. The applicant is a married person aged about 45 years old and his children are grown up. The applicant is totally innocent. The applicant who is in jail since 31.03.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. and learned counsel for the informant opposed the prayer for bail and submitted that the victims are minor girls of 10 and 15 years. They have corroborated the version of the F.I.R. in their statements under Sections 161 & 164 Cr.P.C.
As per the allegations of the F.I.R. 10 years old daughter of the victim along with her friend who is 15 years old have gone to fetch households at 07 p.m.. Neighbour of the informant the accused offered them Rs.50/- to satisfy his lust. On this the victim came back to their house making complaint to her parents.
Considering the allegations of the F.I.R., rival submissions of the parties, the material on record, nature and gravity of offence, severity of punishment and attending circumstances, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Ram Kumar involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 22.12.2021 Krishna*