Allahabad High Court
Sonu vs State Of U.P. on 2 July, 2021
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9781 of 2021
Applicant :- Sonu
Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Rana
Counsel for Opposite Party :- G.A.,Chandrajeet,Mohd Faiz
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Deepak Rana, learned counsel for the applicant and learned AGA for the State through video conference and perused the record.
This bail application has been moved seeking bail in Case Crime No.739 of 2020, under sections 363 and 376 I.P.C. and Section 3/4 of the Protection of Children From Sexual Offences Act, 2012 Police Station Hapur City, District Hapur.
This petition is pending Since February, 2021, there is no need for issuing notice to the prosecutrix, the reason being her statement under Section 161 goes to show that her age is 19 years.
Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the commission of present offence. Submission is that the applicant and victim had love affair and both have been married and live with each other and the victim has not supported the prosecution case. As per the medical report there is no internal or external mark of injury seen part of body of victim. It is further submitted that the provision of Section 3/4 POCSO Act are also not attracted to the fact of this case. It is further submitted that the accused has no previous criminal history. He has submitted that the applicant is in jail since 31.10.2020 and if he is granted bail, he will not misuse the liberty granted by this Court.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts by filing reply.
In light of the aforesaid arguments, looking to the facts of the case and taking into consideration that the prosecutrix and the accused both are belonging to the same community. The medical report also is in favour of the accused regarding the age of the girl. Even if go by the statement of the girl and her medical reports, applicant and prosecutrix relation with each other.Nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail. The Accused is in jail since 31.10.2020 be enlarged on bail as contours for grant of bail as enumerated in National Instigation Agency V. Zahoor Ahmad Shah Watali, AIR 2019 SC 1734 are fulfilled. This court has come to the conclusion that the accused is entitled to bail as his presence could be procured at the time of the trial. The judgment in the case of Manish Solanki V. State of Rajasthan, (2019) 4 SCC 340 will also enure for the benefit of the accused.
The contours for grant on bail as enunciated by the Apex Court will also permit this Court to grant bail to the accused
Let the applicant-Sonu be enlarged on bail in Case Crime No.739 of 2020, under sections 363 and 376 I.P.C. and Section 3/4 of the Protection of Children From Sexual Offences Act, 2012 Police Station Hapur City, District Hapur on his furnishing a personal bond of Rs.10,000/- and two sureties each in the like amount with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 2.7.2021 / A.N. Mishra
