Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10825 of 2020 Applicant :- Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avadh Raj Sharma,Muktesh Kumar Singh Counsel for Opposite Party :- G.A.,Satish Kumar Shukla
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Sonu, has prayed to release him on bail in Case Crime No. 353 of 2019, under Sections-363, 366, 376, 120-B, 506 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station-Sasani Gate, District-Aligarh.
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 04.09.2019. Applicant is of no criminal antecedent. Prosecutorix is major. She under her own volition lived with applicant for two days and went to the Court for getting Court marriage, from where, she was apprehended by her relatives and subsequently, this false case was got registered. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed bail, but could not oppose this fact that applicant is of no criminal antecedent.
Having heard learned counsel for both the parties, gone through the material placed on record as well as medical age determination performed by the Medical Board and submitted by the Chief Judicial Magistrate, Aligarh, it is apparent that the prosecutorix was held to be of 19 years and she was apprehended from the Court where she had gone with the applicant and other relatives. Looking to the facts and circumstances of the case and considering 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, Sonu, 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.
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 :- 5.1.2021 Deepak/