Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47634 of 2020 Applicant :- Sompal@ Monu Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Sompal@ Monu, in Case Crime No. 129 of 2020, under Sections-363, 376 I.P.C. and 3/4 of the Protection of Children from Sexual Offences Act, Police Station-Shivala Kala, District-Bijnor.
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 02.09.2020; he is of no criminal antecedent; prosecutrix is major; though she has been held to be of 15 years of age, as per High School Certificate, but she herself has said that her date of birth was got manipulated by her parents; there is no accusation against the applicant, in the statement of the prosecutrix, under Section 161 as well as 164 Cr.P.C; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail;. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Sompal@ Monu, 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 :- 26.10.2021 Deepak/