Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10066 of 2021 Applicant :- Ravi Kant Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dewendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. No prima facie case is made out against the applicant. Victim was found aged about 18 years in medical examination. She was a consenting party. At this juncture, learned counsel for the applicant referred to the statement of victim recorded under sections 164 Cr.P.C. and argued that victim reached at the house of the applicant at her own free will and stayed there for two days. Thus, referring to the ingredients of the offence levelled in the matter, contents of first information report as well as statements of victim recorded under sections 161 and 164 Cr.P.C. it was further argued that present prosecution has been started by the father of the victim on the basis of false facts. Applicant is in jail since 24.10.2019 having no criminal history and 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 AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Ravi Kant Pandey involved in Case Crime No. 344 of 2019 (S.S.T.No. 71/2020) under Sections 302, 201366, 376 IPC and 3/4 POCSO Act, Police Station Compiarganj District - Gorakhpur 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.
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 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 :- 27.7.2021 Gss