Allahabad High Court
Sonu vs State Of U.P. And Another on 30 June, 2021
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19073 of 2021
Applicant :- Sonu
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sushil Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.682 of 2020 under sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, P.S. Kotwali City, District Muzaffar Nagar, during the pendency of trial.
Learned counsel for the applicant submitted that the applicant has not committed any offence which is alleged in the F.I.R.. He has been falsely implicated in the present case due to ulterior motive. The victim and he were in love affairs. He neither abducted the alleged victim nor he has ever pressurized her for marriage rather she herself having deep love affairs with him has left her house with her own sweet will with him.
Per contra learned A.G.A. opposed the bail prayer of the applicant.
The contours for grant of bail as enunciated by the Apex Court in recent Judgment in Criminal Appeal No. 522 of 2021, Nathu Singh Vs. State of Uttar Pradesh and others decided on 28th May 2021 will permit this Court to grant bail to the accused. The reason is that the applicant and the victim were in love affair. They belong to same community. No doubt, it appears from the record that the girl was minor when she was allured and went with the accused. Though there are allegations against the applicant under POCSO act but there are chances of re-union when trial takes place.
Hence, In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the 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.
Let the applicant Sonu involved in aforesaid case crime be released on bail on his furnishing a personal bond of Rs.10,000/- and two sureties each in the like amount with the following conditions that :-
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 :- 30.6.2021
Ram Murti
