Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38112 of 2021 Applicant :- Sonu Opposite Party :- The State Of U.P And Another Counsel for Applicant :- Ravi Shankar Tripathi,Ram Kumar Pal Counsel for Opposite Party :- G.A.,Chandra Bhan Kushwaha
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is contended by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is further contended that no mark of injury was found on the body of the victim. It is further contended that the applicant is languishing in jail since 13.7.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will co-operate with the trial.
Learned A.G.A. for the State and learned counsel for the opposite party no.2 have opposed the prayer for bail and have contended that the accused is named in the first information report and has committed the offence while the victim was alone in the house.
I have gone through the file. It is not disputed by learned counsel for the opposite parties that has no criminal history although in the first information report, it is specifically mentioned that the applicant has bitten on the cheeks of the victim, but no mark of injury was found over her body.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sonu involved in Case Crime No.300 of 2021, under Sections 354, 452 I.P.C. and 7/8 of POCSO Act, Police Station- Bilsi, District- Budaun, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
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 :- 20.12.2021 Anil K. Sharma