Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47992 of 2020 Applicant :- Sanjeev Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jay Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Sanjeev Kumar, in Case Crime No. 339 of 2019, under Sections-363, 366, 342, 376 I.P.C. and Section 3/4 POCSO Act, 2012 Police Station-Nawabganj, District Bareilly.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.10.2019; he is of no criminal antecedent; prosecutrix is major; she has been voluntarily gone with the applicant; she never raised any protest; report was got lodged with ten days delay; she was recovered from the house of the applicant; she was living comfortably with the applicant; she was in acquaintance with applicant; she in her statement under Section 164 Cr.P.C. has said to be acquainted because of being neighbour; she was recovered from Pilibhit; this aspect is also against the fact; she in her statement under Section 161 Cr.P.C. has said to have gone all alone for Pilibhit; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Sanjeev Kumar, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable 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.
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 :- 25.10.2021 Deepak/