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Allahabad High Court · body

2020 DIGILAW 1420 (ALL)

Junaid v. State of U. P.

2020-12-02

SHAMIM AHMED

body2020
JUDGMENT : Shamim Ahmed, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Devendra Saini, learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the record. 3. Applicant has moved the present bail application seeking bail in Case Crime No.411 of 2020, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act Police Station Gangoh District Saharanpur. 4. It is submitted by the learned counsel for the applicant that the entire prosecution story is false and fabricated. No such incident took place. Initially the FIR was lodged under Section 366 IPC by the father of the victim, but during the course of the investigation Section 363, 376 IPC and Section 3/4 POCSO Act was inserted. As per the allegations made in the FIR, the daughter of the informant was enticed away by the applicant and his family members. The charge sheet was filed against the applicant only. Learned counsel further submits that the victim herself admitted in her statement given under Section 161 CrPC that she went with the applicant to Dehradun and no wrongful act was done by him and thereafter she returned to her house, but in the statement under Section 164 CrPC she has stated that she went with the applicant on her sweet will and she has solemnized marriage with the applicant on 25.6.2020 and she is living happily as his wife. It is further submitted that as per the FIR itself, the age of the victim was mentioned as 18 years and as per the medical report, her age was mentioned as 19 years. Learned counsel further submits that the victim has also filed an affidavit in which she has stated that she has solemnized the marriage with the applicant and she went with him on her sweet will and she is living happily as the wife of the applicant and there is danger to her life if she would go to her parents' house. From the perusal of the statement of the victim, it appears that the parties are consenting party and there is love affair between them. 5. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. From the perusal of the statement of the victim, it appears that the parties are consenting party and there is love affair between them. 5. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 3.9.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 6. Learned A.G.A. opposed the prayer for bail. 7. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail. 8. The prayer for bail is granted. The application is allowed. 9. Let the applicant Junaid involved in Case Crime No.411 of 2020, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act Police Station Gangoh District Saharanpur be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. (3) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (5) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. (6) 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 10. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 11. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.