Allahabad High Court
Pradeep Majhi vs State Of U.P. on 10 July, 2019
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16780 of 2019 Applicant :- Pradeep Majhi Opposite Party :- State Of U.P. Counsel for Applicant :- Vashishtha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that from the statement of the victim under Section 164 Cr.P.C. it appears that she willingly eloped with the applicant and went to different places. The age of the victim has been found to be 18 years by the doctor. The victim has returned to her house after about 21 days. The FIR itself was lodged after 7 days of the incident. The applicant is in jail since 11.09.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Pradeep Majhi, be released on bail in Case Crime No. 189 of 2018, under Sections- 363, 366, 376 and 506 I.P.C. and Section 3/4 POCSO Act, Police Station- Baghauchghat, District Deoria, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 10.7.2019 Rohit