Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42535 of 2020 Applicant :- Sakir Alias Sonu Alias Sarik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
List revised. None is present for the informant.
Heard Shri Pradeep Yadav, 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. He has not committed the present offence. No prima facie case is made out against the applicant. In the radiological examination age of the victim was found about 16-18 years. It is further submitted that victim returned on 5.10.2020 and was interrogated by the police but nothing was stated by her to attract the offence under Section 376 IPC. Referring to statement recorded under Section 164 CrPC it is also submitted that on the basis of aforesaid statement offence under Section 376 IPC is not attracted. Victim was major. She had gone alongwith the applicant at her own free will. The applicant has no criminal history. He is languishing in jail since 6.10.2020 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 entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statements of victim 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 Sakir @ Sonu @ Sarik involved in Case Crime No. 240 of 2020, under Sections 363, 366, 376, 506 IPC and 3/4 POCSO Act, P.S. Phoolpur, District - Azamgarh 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 :- 6.10.2021 safi Digitally signed by OM PRAKASH Date: 2021.10.06 14:24:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad