Heard over bail application moved by applicant, Shiv Shanker @ Shankara @ Shanker, to release him on bail in Case Crime No. 859 of 2020, under Sections-363, 366, 376 (2) N I.P.C. and 5/6 of Protection of Children from Sexual Offences Act, 2012, Police Station-Subhash Nagar, 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 07.11.2020. He is of no criminal antecedent. Prosecutrix is major. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. First Information Report was got lodged against unknown with the contention that prosecutrix has gone from her home, subsequently, prosecutrix in her statement under Section 161 Cr.P.C. has said nothing incriminating against the applicant. Rather has said to have gone under her own volition; in her statement, before medical officer, she has said nothing incriminating against the applicant and in medical age determination she has been held to be about 16 years, which may be with variance of two years either way; in her statement under Section 164 Cr.P.C. no contention of rape is there. It is a false implication. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that applicant is of no criminal antecedent.
In spite of sufficient service of notice none appeared for the complainant to oppose the bail.
Having heard learned counsel for both the parties, gone through the material placed on record it is apparent that in the statement recorded before the medical officer under Section 161 as well as 164 Cr.P.C. that no accusation of rape is there. Considering all those facts and circumstances of the case, the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this Court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant, Shiv Shanker @ Shankara @ Shanker, 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 :- 17.8.2021 Deepak/