Allahabad High Court
Hrithik vs State Of U.P. on 25 November, 2020
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 90 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40259 of 2020 Applicant :- Hrithik Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
Heard Sri Abhishek Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant Hrithik with a prayer to release him in Case Crime No.307 of 2020, under sections 363, 376 I.P.C. & 3/4 POCSO Act, Police Station Dhaulana, District Hapur, during pendency of the trial.
The informant lodged FIR against the applicant alleging therein that applicant enticed away her 18 years old daughter. After recovery of the victim, statements were recorded under sections 161 and 164 Cr.P.C. As per statement recorded under section 161 Cr.P.C., she stated that she was in love with the applicant since last four years and on her own sweet will she went with the applicant to Ghaziabad and there she solemnized marriage with the applicant. In the statement recorded under section 164 Cr.P.C., she made a statement that she called the applicant to Pilkhua, from there she went to Ghaziabad and hired a room were they lived together and solemnized marriage in Shiv Temple and the applicant has not made any sexual attempt on her. Learned counsel for the applicant further submitted that the informant was not happy with the relationship of the applicant and victim but victim told her parents that she would marry the applicant. The statements recorded under sections 161 & 164 Cr.P.C. are not disclosed any case under sections 363 & 376 I.P.C. The statement narrated in the FIR are not supporting the statements of the victim recorded under sections 161 & 164 Cr.P.C. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 06.08.2020.
Per contra, learned A.G.A. oppose the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Hrithik, who is involved in Case Crime No.307 of 2020, under Sections 363, 376 I.P.C & 3/4 POCSO Act, Police Station- Dhaulana, District- Hapur, be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
4. The applicant shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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.
Order Date :- 25.11.2020 SKD