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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 11
Case :- BAIL No. – 4869 of 2021
Applicant :- Yogendra @ Amrendra
Opposite Party :- State Of U.P. Another
Counsel for Applicant :- Krishan Kumar
Counsel for Opposite Party :- G.A.,Anil Kumar,Anil Kumar Verma
Hon’ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned counsel for the complainant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.105 of 2020, under Sections 354 I.P.C. and Section 7/8 POCSO Act, Police Station-Mishrikh, District-Sitapur, with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 16.03.2021. It is further submitted on behalf of applicant that few days back some stray cattle entered into the field of the applicant and destroyed the crop, then the applicant tried to dash the said animals and thereafter, stray cattle entered in to the field of informant, as a result, he was annoyed with the applicant and some quarrel was taken place. He further submitted that daughters of the informant and applicant are students of the same school, but due to aforesaid incident, some quarrel was also taken in between them. He further submitted that due to annoyance, FIR in question was lodged. He further submitted that not even a single student was examined during the course of investigation allegedly who were present at the time of incident. He further submitted that alleged offenes are punishable up to three years which may be extended to five years. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant oppose the prayer for grant of bail to the applicant and submitted that the statement of the prosecutrix was recorded under Section 161 and 164 Cr.P.C., in which she reiterated the version of prosecution, but he does not dispute the fact that all the offences are punishable up to three years which may be extended to five years.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Yogendra @ Amrendra- be released on bail in the aforesaid case crime, on his furnishing personal bond of Rs.1 lakh and two reliable sureties each of the like amount subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 15.7.2021
Amit/-
