Allowed
Rajjan Ali Nat v. State of U.P. and Anr.
Allahabad HC/6234/2021
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6234 of 2021
Applicant :- Rajjan Ali Nat Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Arshad Ahsan Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the prosecutrix was a consenting party. As per the statement of the prosecutrix she remained with the applicant for a period of 3/4 days, however, she never raised any alarm. There is no corroborative evidence to support the prosecution story. The statement of the prosecutrix does not inspire confidence. As per the ossification test, the prosecutrix is major. The applicant has no criminal history and is languishing in jail since 09.11.2020. Charge sheet in this case has been filed.
It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail 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 could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the fact that the applicant has no criminal history, he is languishing in jail since 09.11.2020, charge sheet in this case has been filed and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant, Rajjan Ali Nat, involved in Case Crime No. 381/2020, under Sections 363/366/376/342/506 IPC, Section 5/6 of POCSO Act and Section 3(2)(5) of S.C./S.T. Act, Police Station - Mohanganj, District - Amethi, 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 which are being imposed in the interest of
justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 14.2.2022 R.C.
Digitally signed by RAM CHANDER YADAV Date: 2022.02.15 17:52:56 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is fit to be released on bail considering his lack of criminal history and the nature of allegations.
Rajjan Ali Nat
State Of U.P. And Anr
Karunesh Singh Pawar
As recorded by the court registry
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