Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31405 of 2021 Applicant :- Sonu Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Mohan Pandey,Ram Raj Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 548 of 2020, under Sections 363, 366, 376(2) n I.P.C. and section 5/6 POCSO Act, P.S. Faridpur, district-Bareilly, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against the present accused about disappearance of his minor sister on 25.10.2020 at about 7:30 p.m. when she had gone to outhouse (Gher) to give water to the cattle.
Learned counsel for the applicant submits that although the applicant was named in the first information report but the alleged victim in her statement recorded under Section 164 (Annexure-4) has categorically stated that she is seventeen years of age and she had left her parental home on her own sweet will and gone to Haldwani and established physical relations with him. The alleged victim had refused to get herself medically examined. Further submission is that the law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the victim being major cannot be ruled out. He lastly submits that the applicant, who is in jail since 12.12.2020 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, considering the statement of the victim under Section 164 Cr.P.C., considering the age of the victim, considering the facts and circumstances of the case 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, Sonu 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:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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 :- 25.10.2021 Faridul