Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13530 of 2021 Applicant :- Vinod Pal Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ranjan Krishna Pandey,Ramendra Giri Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
The present bail application has been moved by applicant- Vinod Pal to release him on bail in Case Crime No. 3 of 2021, u/s 363, 366, 376(3) I.P.C., Section 4 of POCSO Act and Sections 3(2)(5), 3(2)(5ka) of SC/ST Act, P.S.- Ajnar, District- Mahoba.
Heard learned counsel for the applicant and learned A.G.A. for the State through video conferencing and perused the record. None is present for opposite party No.2 in spite of service.
Learned counsel for the applicant submits that the first information report was lodged by Smt. Chhabili, grand mother of the victim, against the applicant making allegation of enticing away the victim. The victim in her statements recorded u/s 161 and 164 Cr.P.C. has not made any allegation against the applicant and in her statement recorded u/s 164 Cr.P.C. she has clearly stated that she had gone with the applicant on her own sweet will. It has further been submitted that no allegation of rape has been made against the applicant. The applicant has neither enticed away the victim nor committed the alleged offence. The applicant has no criminal history and is languishing in jail since 11.1.2021.
Per contra, learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
Considering all above facts and circumstances of the case, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant- Vinod Pal, 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
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 :- 7.5.2021 Vandana