Allahabad High Court
Dilip Dwivedi vs State Of U.P. And Another on 29 July, 2020
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12954 of 2020 Applicant :- Dilip Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kishore,Manish Kumar Singh Counsel for Opposite Party :- G.A.,Anand Kumar Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. and perused the record.
By means of this application, the applicant Dilip Dwivedi, who is involved in Case Crime No. 208 of 2019, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Bisanda, District Banda, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent. He was not named in the first information report. Prosecutrix in her statement recorded, under Section 164 Cr.P.C., has categorically said to be residing with applicant under her own volition. She is major. She had refused to get medically examined or got her medical age determination done by Medical Board. As per matriculation certificate, her age was 17 years + 3 months, but actually she is major. She has specifically said that neither applicant enticed nor abducted her. The applicant is of no criminal antecedent. He is languishing in jail since 18.01.2020. There is no likelihood of applicant's fleeing from course of justice or tampering with evidence, in case of release on bail. Hence, bail has been prayed for.
Learned counsel for the informant admitted those facts and has not opposed the prayer for bail.
Learned A.G.A. vehemently opposed the prayer for bail.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness, prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Dilip Dwivedi, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 the 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 :- 29.7.2020 NS