It is evident from the record that notice was served on the respondent No.2, but no one is present on behalf of respondent No.2, therefore, the matter is proceeded.
Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.180 of 2020, under Sections 363, 366, 376 I.P.C. and Section 3/4 POSCO Act, Police Station-Behtagokul, District-Hardoi, with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 21.05.2020. It is further submitted on behalf of applicant that prosecutrix left her house on her own will, but on the basis of concocted facts, FIR in question was lodged by the uncle of the prosecutrix. He further submitted that prosecutrix was recovered on 16.05.2020 from the public place and recovery memo was prepared. As per the recovery memo, the prosecutrix stated that she loves with the applicant and she wanted to marry with the applicant. He further submitted that after recovery, statement of the prosecutrix was recorded under Section 161 Cr.P.C. on the behest of her family members, in which, she changed her version and also stated that she was called by the applicant via phone call and she brought Rs. 5000/- cash from her house and they went to Shahjahanpur and stayed in the mango grove and some liquor was given to her by the applicant and committed wrong. He further submitted that statement of the prosecutrix was also recorded under Section 164 Cr.P.C., in which, she stated that applicant told her for bringing Rs.5000/- cash and after taking the said amount, she was forced to sit in car by the applicant and they went to Shahjahanpur and some food was given by the applicant, as a result, she was not in a sense, therefore, she cannot say that whether any wrong was committed with her or not. He further submitted that without investigating the call detail and alleged places, which was mentioned by the prosecutrix, charge-sheet was filed. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that prosecutrix is a minor girl, but he does not dispute this fact that statement of the prosecutrix as mentioned in the recovery memo is not corroborating with the prosecution story.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Ujlesh Mishra- be released on bail in the aforesaid case crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 25.8.2021 Amit/-