Allahabad High Court
Parmendra @ Pawan Kumar vs State Of U.P. And Another on 9 July, 2020
Author: Ashok Kumar
Bench: Ashok Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18426 of 2020 Applicant :- Parmendra @ Pawan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashok Kumar,J.
Supplementary affidavit filed today be taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case only for the purpose of harassment. He further submits that as per the statement of victim Manisha Devi recorded under Section 164 Cr.P.C., she has gone to Ludhiyana along with Pawan on her free will and both lived there for 2-3 days.As per medical certificate (annexure-2 of the supplementary affidavit) issued by Chief Medical Officer, Fatehpur, the victim Manisha Devi was aged about 18 years on the date of alleged incident. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. He is in jail since 06.02.2020.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Let applicant- Parmendra @ Pawan Kumar be released on bail in Case Crime No. 28 of 2020, under Sections 363, 366 IPC and Section 7/8 Protection of Children From Sexual Offencces Act 2012, Police Station Hathgaon, District Fatehpur on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witnesses.
iii. The applicant shall appear on the date fixed by the trial Court.
iv. The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspect of the commission.
v. The applicant shall not directly or indirectly make any inducement, thereat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
The party shall file computer generated copy of this 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 :- 9.7.2020 A.Kr.*