HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 46270 of 2019
Applicant :- Brijesh Kumar Bind
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Chandra Prakash Srivastava
Counsel for Opposite Party :- G.A.,Mahendra Kumar Sherma
Counter affidavit and Rejoinder affidavit filed are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that from the perusal of the FIR and the statement of the victim and her daughter, it appears that the victim had consensual relationship with the applicant. However in order to get rid of him after sometime she has implicated the applicant through her daughter. The daughter has not made any allegation which can be said to be covered under Section 7 of the POCSO Act. At the most allegation under Section 354 IPC can be said to have been made out against the applicant. The conduct of the victim of having two years long relationship with the applicant clearly amounts to consensual relationship. The applicant alleges false implication in this case. The applicant is in jail since 26.08.2019 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- Brijesh Kumar Bind, be released on bail in Case Crime No. 781 of 2019, under Sections- 323, 506, 354-A, 376 SectionIPC Section 7/8 of POCSO Act, Police Station- Meja, District- Allahabad, 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 :- 10.12.2019