Allahabad High Court
Sonu Yadav vs State Of U.P. And Another on 18 June, 2021
Author: Rajendra Kumar-Iv
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8933 of 2021 Applicant :- Sonu Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Javed Khan Counsel for Opposite Party :- G.A. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Despite sufficient service of notice, none appeared for the opposite party no. 2.
Accused-applicant, involved in Case Crime No.103 of 2020, under Sections 323, 363, 376(DA) I.P.C. and Section 5/6 POCSO Act, Police Station Gahmar, District Ghazipur, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.
(ii) There are major contradiction in the statement of victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. There is no allegation of rape against the applicant Sonu Yadav and whatever allegations are made, is against Sonu Rai. As per statement of victim recorded under Section 161 Cr.P.C., only three persons are said to have committed rape upon her but in her statement recorded under Section 164 Cr.P.C., she changed her version and levelled allegation of rape against all five persons. Trial is still pending. The statement of victim as P.W.-2 was recorded and in cross-examination, she denied the prosecution story completely.
(iii) Applicant is in jail since 14.05.2020. Criminal history of one case has been explained in affidavit. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but conceded the factual submissions made by learned counsel for the applicant and submitted that the applicant along with other persons committed rape upon the victim, who supported the prosecution case in her statement recorded under Section 164 Cr.P.C.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, statement of victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C., statement of victim as P.W.-2 in Court, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Sonu Yadav be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The applicant shall file computer generated copy of this order downloaded from the official website of Allahahad High Court. Authenticity thereof be verified by the authority concerned from the official website of this Court with a declaration of such verification in writing.
Order Date :- 18.6.2021 Manoj