Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11042 of 2021 Applicant : Shaan Akhtar @ Babu Ji Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Zaid Arshad Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.23 of 2020, under Sections 376, 506, 363, 366 I.P.C. & section 3/4 POCSO Act & section 3(2) (5) SC/ST Act, Police Station Koraon, District Allahabad.
Learned counsel for the applicant submits that according to the FIR version on 17.1.2021 at about 5:00 p.m. victim aged about 17 years went out from the house but did not return. He further submits that victim in her statement u/s 161 Cr.P.C. has stated that applicant provided her a mobile phone and she used to talk with him. He next submits that applicant called her at Primary School and forcibly took her on the pretext of marriage and committed misdeed upon her against her will. He further submits that victim in her statement u/s 164 Cr.P.C. has stated that on 17.1.2021 she went along with the applicant without telling to anyone and the applicant threatened her of dire consequences and took away her in Allahabad and kept her in a room and committed misdeed with her. He further submits that victim has studied up to Class-V and as per medical report radiological age of the victim has been ascertained above 16 years and below 18 years in which two years variation is possible. He next submits that applicant has been falsely implicated in the instant case. He next submits that there is no criminal history against the applicant. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 20.1.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that at the time of incident victim was minor, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, radiological age and statements of the victim u/s 161 and 164 Cr.P.C., she used to talk with him and she went along with him without telling to anyone, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Shaan Akhtar @ Babu Ji involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
The party shall file computer generated copy of such 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 25.10.2021 m.a.