Allahabad High Court
Brijesh Rajbhar vs State Of U.P. And Another on 25 January, 2021
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39687 of 2020 Applicant :- Brijesh Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amrendra Nath Rai,Sanjay Singh,Umesh Prasad Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Brijesh Rajbhar has prayed to release him on bail in Case Crime No. 21 of 2020, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Devgaon, District Azamgarh.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 19.6.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. Prosecutrix is major held to be of 18 years of age in medical age determination by medical board. She in her statement recorded under Section 161 as well as Section 164 Cr.P.C. has said nothing incriminating against the applicant. Rather she is legally wedded wife of applicant. Marriage was performed and a protection by Hon'ble Punjab & Haryana High Court was extended. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application, but could not dispute the above factual aspect.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that prosecutrix is major and she has said nothing adverse against the applicant in her statement recorded under Section 161 and 164 Cr.P.C. Rather she is a married wife of applicant for which there is a protection by Hon'ble Punjab & Haryana High Court.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Brijesh Rajbhar , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
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 :- 25.1.2021 Ravi Prakash