Sri Rampal Singh, Advocate has filed his vakalatnama on behalf of informant/complainant and the same is taken on record.
Sri Istyak Khan, Advocate has filed his vakalatnama on behalf of applicant and the same is also taken on record.
Heard Sri Istyak Khan, learned counsel for the applicant, Sri Rampal Singh, learned counsel for the informant and Sri G.P. Singh, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 310 of 2018 under Sections 363, 366, 376, 120B IPC and 3/4 POCSO Act, Police Station Sahawar, District Kasganj, during the pendency of trial.
Submission made by the learned counsel for the applicant is that applicant is not named in the F.I.R. as an accused. Victim had filed Habeas Corpus Writ petition No. 4003 of 2018 and vide order dated 2.11.2020, she was set free to go anywhere she likes including her husband because she was found to be above 18 years on the basis of ossification test and was found to be carrying a child in her lap presumably born out of the wedlock/parties, therefore, it is argued that applicant is innocent. He is in jail since 16.10.2021. He has no criminal history. If he is released on bail, he would not misuse the liberty.
Learned AGA as well as learned counsel for the informant have opposed the prayer of bail, but have not controverted the aforesaid fact.
In view of above arguments, looking to the order of the court mentioned above in the said writ petition, taking into consideration the quantum of punishment, nature of offence, there are no chances of accused fleeing from justice and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Saurav @ Sheoraj @ Saurabh involved in aforesaid 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 :- 7.4.2021 A.P. Pandey