Allahabad High Court
Sonu@Ajay vs State Of U.P And Another on 28 July, 2020
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13191 of 2020 Applicant :- Sonu@Ajay Opposite Party :- State Of U.P And Another Counsel for Applicant :- Pradeep Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Sonu @ Ajay, who is involved in Case Crime No. 967 of 2020, under Sections 363, 366 I.P.C., P.S. Bahedi, District Bareilly, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent. Prosecutrix is major. Her age has been determined by Medical Board and about 18 years has been mentioned in its report. She had filed writ petition before this Court, wherein protection was granted to her. She in her statement, recorded under Sections 161 and 164 Cr.P.C., has categorically said to be voluntarily married with applicant and living with him as wife. Her educational document was denied by her and it was of post occurrence i.e. fabricated one. The applicant is of no criminal antecedent. He is languishing in jail since 31.01.2020. There is no likelihood of applicant's fleeing from course of justice or tampering with evidence, in case of release on bail. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that in bail rejection order, it has specifically been mentioned that prosecutrix was with specific date of birth and as per it and educational record, she is minor.
From the perusal of record, it is apparent that prosecutrix in her statement, recorded under Sections 161 and 164 Cr.P.C., has categorically said to be under her own volition and married with applicant. She had filed petition before this Court, wherein protection was given to this pair. As per report of Medical Board, she is major. Hence, considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness, prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Sonu @ Ajay, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.7.2020 NS