Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 527 of 2021 Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice none is present for the informant.
Heard 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. It is further argued that entire prosecution case is based on false facts. On the day of incident there was lock down in the country. Movement of public transport/private vehicle were also banned. Thus, in that situation it appears improbable and unbelievable that applicant would have taken the victim from Saharanpur to Mohali which is around 200 kms. away from the place of occurrence. Although age of the victim is shown as minor in the FIR but in the medical examination she was found more than 18 years of age. Victim has stated before the Doctor concerned at the time of medical examination that she had gone at her own free will along with the applicant. Referring to the entire documents annexed with the application as well the evidence collected during the investigation it was also stated that no prima facie case is made out. Applicant is in jail since 13.07.2020 having no criminal history.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused 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 Sachin involved in Case Crime No. 376 of 2020, under Sections 363, 376 I.P.C. and Section 3/ 4 POCSO Act, P.S. Fatehpur, District Saharanpur 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 the 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.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.4.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.04.06 14:20:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad