Criminal Misc. Bail Application filed by Ajay Sahani challenging his arrest. Applicant claimed non-inclusion in FIR and false rape allegations. Court granted bail with personal bond and conditions preventing witness intimidation and evidence tampering.
Released on bail filing personal bond and two sureties each.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39330 of 2019
Applicant :- Ajay Sahani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
None is present for the opp. party no. 2 in spite of service.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the first information report. The first information report was lodged by the mother of victim against the coaccused Halchal and in the first information report it has been mentioned that the co-accused Halchal enticed away the victim. The victim herself returned at her house after two months. In her statement, she has stated that the applicant was also with coaccused Halchal. In her statement recorded under section 161 Cr.P.C. the victim has not made any allegation of rape against the applicant. Thereafter in her statement recorded under section 164 Cr.P.C. the victim has made false allegation of rape against the applicant and other co-accused. It has been further submitted that in fact there was love affairs in between the victim and the co-accused Halchal and she had gone with coaccused Halchal on her own sweet will and remained with coaccused Halchal about two months at several places. The applicant has no concern with the alleged incident and has been falsely implicated in this case. There is no criminal history of the applicant and is in jail since 1.7.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Ajay Sahani involved in Case Crime No. 43 of 2019, under Section 363, 376(D), 342, 323 IPC and 5/6 POCSO Act, Police Station Sukhpura District Ballia 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 with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 6.11.2019
Gss
1 issue framed by the court
Whether theapplicant is eligible for bail in the charge of offences under IPC and POCSO Act given the allegations and procedural history.
4 provisions across 3 enactments
Ajay Sahani
State of U.P.
Another
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
