The Allahabad High Court has granted conditional bail to Sonu Kumar, a resident of Narhi Police Station, Ballia, who is accused of kidnapping minor girls.
A single-judge bench of Justice Ram Krishna Gautam passed this order while hearing a Criminal Misc Bail Application filed by Sonu Kumar in case under Sections 363, 366, 366Ka IPC and Section 16/17 of Protection of Children from Sexual Offences Act, Police Station Narhi, District Ballia.
The counsel for the applicant argued that the accused applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since July 1, 2021; he has no criminal antecedents and there is no likelihood of fleeing from course of justice or tampering with evidence in case of release on bail. There is nothing incriminating against the applicant in the statement under Section 161 and 164 CrPC as of prosecutrix. Hence, bail has been prayed for.
Additional Government Advocate could not oppose this fact that the applicant has no criminal antecedents. The Court noted that it is apparent that prosecutrix has said nothing incriminating against the applicant in her statement under Section 161 and 164 CrPC.
“Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out,”
-the Court observed, while allowing the bail application.
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The Court ordered that,
Let the applicant, Sonu Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.