Allahabad High Court
Rinku vs State Of U.P. And 3 Others on 3 September, 2024
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:142714 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30257 of 2024 Applicant :- Rinku Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.800 of 2023, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Sikandrabad, District Bulandshahr, during pendency of the trial.
3. As per prosecution version, applicant enticed away minor daughter of informant and informant's daughter took away Rs.10,000/- with her.
4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. As per High School marksheet, victim is aged about 17 years. The victim in her statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. has stated that she went with the applicant on her own sweet will and solemnized marriage in a temple and lived with the applicant as husband and wife. The victim refused for internal medical examination. The statement of victim recorded under Sections 161 Cr.P.C. & 164 Cr.P.C. are contrary and not supporting the prosecution case. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 06.06.2024 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
4. Learned A.G.A. vehemently opposed the bail prayer of the applicant.
5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant, Rinku, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed. 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.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.9.2024 Meenu Singh