Allahabad High Court
Sonu vs State Of U.P. on 28 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. - 16712 of 2020 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Dubey,Virendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Sonu, who is involved in Case Crime No. 210 of 2019 under Sections 363, 366, 376, 328, 506 of I.P.C. & 3/4 of POCSO Act, Police Station- Raunapur, District- Azamgarh, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number, as per F.I.R. prosecutrix went with ornaments and money with her; she has been held to be 15 years of age in medical report of Medical Board; in her statement recorded under Section 164 of Cr.P.C. no accusation of rape or giving intoxication is there; it was a false implication; there is no criminal antecedent; applicant is in Jail since 17.01.2020; there is no likelihood of his fleeing from course of justice or tampering with evidence, in case of release on bail. Hence, bail, during trial, has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that as per matriculation certificate prosecutrix was minor.
Having heard learned counsel for both sides, and gone through material placed on record, it is apparent that prosecutrix said to have gone with money and ornaments with her, she has been recorded 15 years in medical age determination certificate of Medical Board.
Under all above facts and circumstances and considering nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, a case for grant of bail, during trial, is made out.
Accordingly, this bail application is allowed.
Let the applicant, Sonu, 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.
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 :- 28.7.2020 Krishna*