High Court of Allahabad allowed bail to an accused involved in offences under IPC and POCSO Act, subject to conditions.
Release on bail by executing a personal bond and furnishing two sureties subject to standard conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36676 of 2020
Applicant :- Guddu @ Abhay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 97 of 2020, under Sections 363, 366, 376 I.P.C. and Section 5(J) 2/6 Protection of Children from Sexual Offences (POCSO) Act, 2012, P.S. Ghughali, district-Maharajganj, is seeking enlargement on bail during the trial.
The first information report was lodged by the mother of the victim on 11.3.3030 regarding enticing away her daughter against the present accused.
Learned counsel for the applicant submits that as per medical opinion the victim is aged about nineteen years. She was a consenting party, who had traveled with the applicant to several places and lived with him at Gurgaon for about two months, having ample opportunities to raise alarm or cries for help but she did not do so. Further submission is that the facts stated by the victim in her statement under sections 161 & 164 Cr.P.C. (Annexures-5 & 8) cannot be accepted on their face value especially in view of the fact that she has refused to get herself medically examined. He lastly submits that the applicant, who is in jail since 24.7.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Guddu @ Abhay Kumar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 1.12.2020 Faridul
1 issue framed by the court
Whether the applicant is entitled to enlargement on bail during the pendency of the trial considering the nature of the offence and surrounding circumstances.
2 provisions across 2 enactments
Guddu @ Abhay Kumar
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
