Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Vishal Singh @ Ajay Anand Singh seeking bail in Case Crime No. 136 of 2020, under Sections 363, 366, 376 IPC and 3/4 of POCSO Act P.S. Ahirauli Bazaar, District Kushi Nagar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that as per medical opinion, the victim is aged about 18 years.
Learned counsel for the applicant has next drawn attention of the Court to the statement of the victim recorded under section 164 Cr.P.C. in which she had categorically stated that on 1.9.2020 she alongwith the applicant had left her home and reached at Kaptanganj and thereafter on her own free will and volition married applicant and stayed there for three days. The applicant has not enticed her away and she had gone with him on own free will and volition.
Learned counsel for the applicant has next submitted that looking to the statement of the victim recorded under section 164 Cr.P.C. primafacie a case for bail is made out.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 17.11.2020 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Vishal Singh @ Ajay Anand Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The party shall file computer generated copy of order downloaded from the official website of High Court, Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the parties concerned.
The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 4.2.2021 R