Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Shivam @ Navneet Kumar, who is said to be involved in Case Crime No. 51 of 2020, under Sections 363, 366 and 376 I.P.C., read with Section 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station- Khaga, District- Fatehpur, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in Jail since17.7.2020; accused-applicant is of no criminal antecedent; there is no likelihood of fleeing from course of justice or tampering with evidence in case of release on bail; prosecutorix is above 17 years of age; she, in her statement, recorded, under Section 161 of Cr.P.C., has said nothing against the applicant, rather, she herself, has said to have, under her own volition, went from her house and, then, she contacted with the applicant and lived with the applicant, but with no physical relation, subsequently, in the statement, recorded, under Section 164 of Cr.P.C., under coercion of her parents, statement has been changed and implication of the applicant has been made, but, before court, an application, filed at page 46 of the paper book, has been filed by the applicant, certified copy of the same has been placed on record, with further reiteration that no offence has been committed by the applicant; she has refused her medical examination. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not oppose this fact that the applicant is of no criminal antecedent and the prosecutorix, herself, has stated nothing against the applicant, in statement, recorded, under Section 161 of Cr.P.C. She has moved application before the Magistrate stating therein that no offence has been committed by the applicant.
Having heard learned counsel for both sides and gone through materials on record, considering nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, a case for grant of bail, during trial, is made out.
Accordingly, this bail application is allowed.
Let the applicant, Shivam @ Navneet Kumar, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 8.1.2021/bgs/