Court allowed bail to an applicant accused of enticement and sexual intercourse under POCSO and IPC, releasing him on personal bond and two sureties amid allegations of being falsely implicated.
Release on bail by executing a personal bond and furnishing two sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39666 of 2020
Applicant :- Gaurav @ Plaza Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Gaurav @ Plaza in connection with Case Crime No.114 of 2020, under Sections 363, 366 I.P.C. and Section 16 POCSO Act, Police Station Fatehpur Sikri, district Agra.
The first information report of this incident was lodged by the complainant about the disappearance of his minor daughter. It was alleged in the first information report that the accused Prashant had enticed away the minor daughter of the complainant. It was also alleged in the first information report that the applicant was seen along with main accused Prashant.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with a ulterior motive. He submitted that the name of the applicant has surfaced during investigation. He submitted that the victim was having consensual relations with the co-accused Prashant and she has gone with her own sweet will and has not raised any alarm anywhere. He submitted that the victim has not levelled any allegation of rape against the present accused and has levelled the allegation of rape against co-accused Prashant. He submitted that as per medical report, the victim was found to be major, aged about 18 years of age. He submitted that the applicant is languishing in jail since 07.07.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Gaurav @ Plaza involved in the aforesaid
crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity prof 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 :- 18.11.2020 R./
1 issue framed by the court
Whether the applicant qualifies for bail despite serious pleas of enticement and rape under POCSO and IPC.
Gaurav @ Plaza
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
