Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49326 of 2021 Applicant :- Ram Sewak Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard Sri Ram Raksha Tiwari, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Ram Sewak in Case Crime No. 40 of 2020, under Sections 363, 366 I.P.C., Police Station- Tindwari, District- Banda, with the prayer to enlarge him on bail during trial.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The victim in her statement under Section 161 Cr.P.C. has stated that she is aged about 18 years and 06 months and in the fit of anger she had left her house voluntarily and went to Delhi where she stayed for 2-4 days. Thereafter, she went to Ahmedabad where she met the applicant Ram Sewak, and thereafter, they returned to Delhi on 18.06.2021 and solemnized marriage. Learned counsel has submitted that as per the statement of victim under Section 161 Cr.P.C., she was major and there is no evidence to show that she was enticed away or forcibly abducted by the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is languishing in jail since 21.08.2021, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and submitted that as per school certificate victim was aged about 16 years 07 months and 28 days, but he could dispute the submissions advanced by learned counsel for the applicant.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties and evidence available on record, without expressing any opinion on merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
The bail application is allowed.
Let applicant- Ram Sewak be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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 them 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 condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
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 :- 22.12.2021 Vikas