Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27449 of 2020 Applicant :- Sudheer Yadav @ Jawahir Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Sudheer Yadav @ Jawahir Yadav, in Case Crime No. 41 of 2019, under Sections 363, 366, 376 IPC and 3/4 Protection of Children from Sexual Offences Act, Police Station-Banshdeeh Road, District- Ballia.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 06.05.2019; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Prosecutrix is major; she has been held to be of 17 years in her medical age determination by the Medical Board, which may be with variation of two years either way; she in her statements under Sections 161 Cr.P.C., has said nothing incriminating against the applicant, rather in her statement under Section 161 Cr.P.C. as well as before medical officer, she has said to have voluntarily gone with the applicant and she was in love affairs, she lived at Delhi with applicant and never raised any protest for it, whereas in her statement under Section 164 Cr.P.C., under influence of her parents, she has changed her stand, but has admitted to be at Delhi for these long stay with no protest; report too was delayed about 10 days. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose the above factual aspects.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Sudheer Yadav @ Jawahir Yadav, 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 :- 21.12.2021 Dhirendra/