Allahabad High Court
Sanjay @ Sameer vs State Of U.P. And Another on 17 March, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7210 of 2021 Applicant :- Sanjay @ Sameer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Yadav Counsel for Opposite Party :- G.A.,Mool Chandra Maurya Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Suneel Kumar Yadav, learned counsel for the applicant, Sri Mool Chandra Maurya, learned counsel for the informant and Sri G.P. Singh, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 447 of 2020 under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station Kotwali Dehat, District Etah, during the pendency of trial.
As per F.I.R. lodged by Mahendra Singh, who is father of the victim, his daughter whose date of birth was 8.10.2003, she along with her younger sister Kr. Muskan aged about three years had gone to Etah for giving Muskan medicine, it was then that accused-applicant and co-accused Dilip, with the help of Nilesh, had enticed away the victim and the accused had been seen being taken away the victim by several witnesses named in the F.I.R.
Submission made by the learned counsel for the applicant is that in medical examination, age of the victim is found to be 17 to 18 years, therefore, if two years are added to the same, she could be treated to be major. He has drawn attention to the statement of the victim recorded under Section 164 Cr.P.C. in which she has stated that she was having talk with the accused-applicant for last two years and wanted to marry him. She had gone with the accused of her own free will and had established physical relationship of her own free will. He is in jail since 25.11.2020. He has no criminal history. If released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has vehemently opposed the prayer of bail and has argued that the accused used to visit the house of the informant in order to give treatment to his wife but he misused the opportunity and enticed away daughter of the informant and not only that, sister of the victim aged about three years was also taken away by him.
Learned AGA has opposed the prayer of bail.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence, there are no chances of accused fleeing from justice and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Sanjay @ Sameer involved in aforesaid 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 with the following conditions that:-
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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 17.3.2021 A.P. Pandey