Abhishek Alias Baruwa vs State Of U.P.
2019 Latest Caselaw 6508 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42336 of 2018
 

 
Applicant :- Abhishek Alias Bauwa
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Om Prakash Katiyar,Anand Mohan Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Sri J. N. Yadav and Sri Arimardan Yadav have jointly filed fresh Vakalatnama on behalf of applicant, which is taken on record.

Learned counsel for the applicant seeks permission to carry out necessary correction in the description of name of applicant during the course of the day. He is permitted to carry out the necessary correction.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This is a bail application on behalf of the applicant in connection with Case Crime No. 529 of 2018, under Sections 363, 366, 376, 504, 506, 507 IPC and Section 3/4 of POCSO Act, P.S. Kannauj, District Kannauj.

Learned counsel for the applicant contended that applicant is quite innocent and he has been falsely implicated. He further contended that medical report of the victim does not support the allegation of rape as there is no external or internal injury on the person of the victim. He further submitted that victim has not supported the prosecution version in her statement recorded under Section 161 Cr.P.C. In her statement recorded under Section 164 Cr.P.C., she has given tutored statement on the advice of her father. He further submitted that girl was in consensual relationship with the present applicant and she has gone with him on her own sweet will. He further submitted that as per medical report hymen of the victim was old torn and healed. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 20.07.2018 and trial has not yet proceeded and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Learned AGA 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 Abhishek Alias Bauwa be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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.

Order Date :- 1.8.2019

AKT