Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26512 of 2021 Applicant :- Sona alias Sohin Opposite Party :- State Of U.P And Another Counsel for Applicant :- Kumar Ankit Srivastava
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application the applicant, who is involved in Case Crime No.27 of 2021, under Sections 354Ka and 376 I.P.C. and Section 67 of Information Technology Act, P.S.Fugana, District-Muzaffar Nagar, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the complainant about the misbehaviour committed by the present applicant with the daughter of the complainant when she had gone to the house of Rashid to meet daughter of Rashid. It was further alleged that present applicant has taken photos of the victim without her consent and when the daughter of the complainant resisted then she was scolded and threatened to make viral the photos of the victim.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case. He further submitted that alleged victim in her statement recorded under Section 161 Cr.P.C. has not leveled allegation of rape against the applicant and there is no allegation of rape in the F.I.R. The allegation of rape for the first time has been levelled against the applicant during investigation in the statement of the victim recorded under Section 164 Cr.P.C. He further submitted that the victim was major at the time of incident and she was in consensual relationship with the applicant. It is next submitted that intimate photos of the victim could not be taken without her consent. There is no evidence that the applicant has made photos of the alleged victim viral.
He lastly submitted that the applicant, who is in jail since 04.04.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Sona alias Sohin be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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.
Order Date :- 13.8.2021 Asha Digitally signed by Justice Ajit Singh Date: 2021.08.17 15:11:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad