Allahabad High Court
Rahul@ Aman@ Ringa vs State Of U.P. And 3 Others on 23 February, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25515 of 2022 Applicant :- Rahul@ Aman@ Ringa Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dr. Akhilesh Kumar,Himanshu Mishra,Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Himansu Mishra. Hon'ble Deepak Verma,J.
Case called out in revised list. Counsel for the informant is not present.
Heard learned counsel for the applicant; Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.73 of 2022, under Sections 363, 366, 120-B, 506, 420, 467, 468 I.P.C., and 9/10 Prohibition of Child Marriage Act and 7/8 POCSO Act, P.S. Fatehabad, District Agra, during pendency of the trial.
The allegation in the first information report is that minor daughter of informant was enticed away by the applicant.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; from the statement of victim recorded under Sections 161 Cr.P.C., it is clear that victim on her own sweet will, she left her house and went with applicant, thereafter they performed marriage. It has been further argued that statements of victim are contrary to the version of F.I.R. There is no allegation of physical assault against the applicant. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 25.04.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. vehemently opposed the bail prayer of the applicant and contended that victim is minor, hence, the applicant is not entitled to be enlarged on bail.
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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Rahul @ Aman @ Ringa, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.2.2023 Meenu Singh