Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11525 of 2021 Applicant :- Shubham Kori Opposite Party :- State Of U.P And Another Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Shubham Kori, in Case Crime No. 112 of 2019, under Sections 363, 366, 376 IPC and Section 7/8 of POCSO Act, Police Station Sadar Bazar, District Saharanpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 3.12.2020 ; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; prosecutrix in her statement recorded under sections 161 and 164 Cr.P.C., has categorically said to have voluntarily gone and subsequently married with applicant under her own will and volition; she was with date of birth of 7.6.2001 in high school certificate; hence on the date of occurrence she was 19 years as has been held in medical age determination to be of 19 years; nothing incriminating is there in statement of prosecutrix; this Court itself vide Division Bench had given protection in writ petition filed by prosecutrix as well as accused before this Court; order has been annexed at page 18 of the paper book; this was Criminal Misc. Writ Petition No. 7268 of 2019 (Shiwani and another versus State of U.P. and 3 others). Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant is of no criminal antecedents and there is no incriminating statement against the applicant in prosecutrix's version.
Having heard and gone through materials placed on record, considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Shubham Kori, 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 :- 28.7.2021 Ravi Prakash