Allahabad High Court
Ankit Kumar Alias Khanne Pasi vs State Of U.P. And 3 Others on 12 July, 2022
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16097 of 2022 Applicant :- Ankit Kumar Alias Khanne Pasi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
The present bail application has been moved on behalf of applicant in Case Crime No. 23 of 2021, under Sections 363, 366, 376 (AB) I.P.C. and Section 5M/6 POCSO Act, 2012, Police Station-Kaushambi, District Kaushambi with a prayer to enlarge him on bail.
It is informed by Sri Ram Adhar, learned A.G.A. that the notice has been served upon the first informant.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. As per medical examination report, victim is between 15 to 17 years of age. The law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the prosecutrix being major cannot be ruled out. It is further submitted that as per the statements of the victim recorded under Section 161 Cr.P.C. & 164 Cr.P.C., it is evident that there was love affair between the applicant; she voluntarily eloped with the applicant who is her Jija; married with him and they started living together as husband and wife. There is no allegation of rape against the applicant as per 164 Cr.P.C. statement of the victim. The applicant has no criminal history. The applicant is in jail since 26.02.2021.
Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, applicant does not deserve any indulgence. In case, the applicant is released on bail he will misuse the bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Ankit Kumar Alias Khanne Pasi involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Accordingly, the bail application is allowed.
Order Date :- 12.7.2022 NS