Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14640 of 2021 Applicant :- Sunil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A.,Arbind Kumar Soni
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Ashutosh Pandey, learned counsel for the applicant, learned A.G.A. for State, Sri Arbind Kumar Soni, learned Counsel for the informant and perused the material available on record.
Accused-applicant, involved in Case Crime No.859 of 2019, under Sections 363, 366, 376 & 504 I.P.C. & 3/4 Protection of Children from Sexual Offences Act, Police Station Bhelupur, District Varanasi, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) Victim was major at the time of incident. She married to applicant and out of their wed-lock one female child is born. In statement under Section 164 Cr.P.C. victim levelled no allegation against the applicant and stated that she had gone with present applicant and married to him.
(iii) Applicant is in jail since 05.09.2020 having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. as well as Sri Arbind Kumar Soni, learned Counsel for the informant opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by Investigating Officer during investigation, statement under Section 164 Cr.P.C., age of the victim, child born with their wek-lock and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Sunil Kumar be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The applicants shall file computer generated copy of this order downloaded from the official website of Allahahad High Court. Authenticity thereof be verified by the authority concerned from the official website of this Court with a declaration of such verification in writing.
Order Date :- 8.4.2021 I.A.Siddiqui