HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54529 of 2019
Applicant :- Ankit Modanwal
Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Tripathi
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant has been falsely implicated in this case. It has been submitted the prosecutrix and her daughter have falsely implicated the applicant only on account of dispute regarding money. Later compromise has taken place and from the statement of the mother of the proseuctrix, it is clear that an amount of Rs. 50,000/- has been paid by the applicant to the proseuctrix and Rs. 10,000/- to her mother. It has been stated that now the relationship of the prosecurtrix and her mother with the applicant have become normal. It has been submitted that the prosecutrix is aged about 28 years and her daughter is minor. The minor daughter has alleged the offence under Section 354 IP but the applicant is not charged under Section 354 IPC. The offence under Section 376 IPC alleged by the prosecutrix is not proved from the medical report. The doctor has not given any opinion about rape. The applicant is in jail since 01.10.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of SectionArticle 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Ankit Modanwal, be released on bail in Case Crime No. 348 of 2019, under Sections- 376, 323, 379, 506, 120-B SectionIPC Section 7/Section8 Section 11(3)/12 POCSO Act, Police Station- Chauri Chaura, District- Gorakhpur, be released on bail on his furnishing a personal bond with 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 :-
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 :- 9.12.2019