Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25574 of 2021 Applicant :- Vijay @ Karmakar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Misra 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 material on record.
By means of this application, the applicant who is involved in Case Crime No. 495 of 2020, under Sections 363, 366, 376, 504, 506 I.P.C. and section 5/6 POCSO Act, P.S. Kotwali Padrauna, district-Kushinagar, is seeking enlargement on bail during the trial.
The FIR of this incident was lodged in pursuance of an application moved under Section 156(3) Cr.P.C. and it was alleged in the FIR that daughter of the complainant was raped by the present accused after enticing her away on the false promise of marriage.
Learned counsel for the applicant submits that as per medical opinion the victim is aged about eighteen years and she was in consensual relationship with the applicant. She had left her parental home on her own sweet will and gone with the applicant and solemnized marriage with him and lived with him for about nine months. Copy of matrimonial agreement ('vaivahik ikrarnama') is annexed as Annexure-5 to the affidavit accompanying the bail application. He lastly submitted that the applicant, who is in jail since 2.4.2021 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 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, Vijay @ Karmakar 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 :- 27.7.2021 Faridul