Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12468 of 2021 Applicant :- Sanjay Kumar @ Sanju Porwal Opposite Party :- State of U.P.
Counsel for Applicant :- Sunita Chauhan,Dev Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant as well as learned A.G.A., over this Bail Application, moved by accused-applicant, Sanjay Kumar @ Sanju Porwal, and perused the record.
By means of this application, the accused- applicant, who is said to be involved in Case Crime No. 261 of 2020, under Sections 342, 363, 376 and 506 of I.P.C., read with Section 3/4 of Protection of Children From Sexual Offences Act, 20212, Police Station- Achhalda, District- Auraiya, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in Jail since 25.09.2020; he is of no criminal antecedent; prosecutorix is major; she has been held to be 18 years of age in the medical age determination test and there is also a report of non-confirmation of sexual assault with her; she, in her statement, recorded, under Section 161 of Cr.P.C., said to have voluntarily gone to the applicant, under her own volition, but, subsequently, in her statement, recorded, under Section 164 of Cr.P.C., she has developed a version of rape with her, but, accusation of kidnapping and abduction has been denied by her, whereas, it was under tutoring of her parents; there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned A.G.A. has vehemently opposed this Bail Application, but, could not oppose this fact that the applicant is of no criminal antecedent.
Even after sufficient service of notice, none is there on behalf of informant.
Having heard learned counsel for both sides and gone through materials placed on record, it is apparent that the prosecutorix had left her home and report was got lodged on very next day of the occurrence against unknown persons. Subsequently, her cloths were recovered from the godown of the applicant, but, surprisingly, she never raised any alarm or protest, though, she was said to have been recovered from there and her statement was got recorded.
Considering all above facts and circumstance, medical age determination, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without expressing any opinion on merit of the case, a case for grant of bail, during trial, is made out.
Accordingly, this bail application is allowed.
Let the applicant, Sanjay Kumar @ Sanju Porwal, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.7.2021 bgs/