Sri Shujauddin, Advocate has filed vakalatnama on behalf of opposite party no. 2, which is taken on record.
Heard Sri Shibli Naseem, learned counsel for the applicant, Sri Shujauddin, learned counsel for opposite party no. 2 as well as G.P. Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Special Sessions Trial No. 210 of 2020, Case Crime No.149 of 2020 under sections 376A I.P.C. and 5/6 of Protection of Children from Sexual Offences Act, Police Station Jalalpur, District Jaunpur, during the pendency of trial.
As per FIR, which has been lodged by Ramkalp Saroj, the prosecution case is that his daughter Raj Lakshmi aged about 7 years, was playing in grove on 11.7.2020 and then the accused-applicant had tried to molest her, who is about 20 years of age. About this occurrence, victim herself had disclosed to the informant, weeping.
The contention of the learned counsel for the applicant is that the applicant has been falsely implicated in this case. The victim has refused to get herself medically examined. In her statement under section 164 Cr.P.C., she had made allegation of rape against the applicant but in statement before the trial court, she has resiled from the statement recorded under section 164 Cr.P.Cthat any kind of rape has been committed upon her. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 25.8.2020. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact the victim herself has not supported the prosecution version, taking into consideration the nature of offence, quantum of punishment, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Sanjiv Kumar Kanojia involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 22.1.2021 AU