Court No. - 89

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16085

of 2022

Applicant :- Ashwani @ Ballu

Opposite Party :- State Of U.P And 3 Others

Counsel for Applicant :- Manish Khare,Satyendra Kumar

Shrivastava

Counsel for Opposite Party :- G.A.

Hon'ble Ram Krishna Gautam,J.

Heard over bail application moved by applicant, Ashwani @

Ballu, in Case Crime No. 75 of 2022, under Sections 363, 376,

506 IPC and Section 3/4 of Protection of Children from Sexual

Offence Act, Police Station-Colonelganj, District-Prayagraj.

Learned 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 18.02.2022;

he is of no criminal antecedent and there is no likelihood of

fleeing from course of justice or tempering with evidence in

case of release on bail. Prosecutrix was said to be of 17 years

and missing report was against unknown persons; she was

recovered and in her statement under Section 161 Cr.P.C.

nothing incriminating is there against the applicant, whereas in

statement under Section 164 Cr.P.C. there is embellishment and

was said to be offence of rape by prosecutrix, whereas, it was a

fabrication and embellishment. Hence, bail has been prayed for.

Learned AGA has vehemently opposed, but could not oppose

this fact that the applicant is of no criminal antecedent; he was

not named in FIR and nothing incriminating was there in the

statement under Section 161 Cr.P.C.; prosecutrix was

determined to be of 19 years, whereas, she, in her statement

under Section 161 and 164 Cr.P.C., has said to be of 17 years as

was there in FIR.

Having heard and gone through materials placed on record,

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.

Accordingly, the bail application is allowed.

Let the applicant, Ashwani @ Ballu, 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.

In the event of breach of any of the aforesaid conditions, the

court below will be at liberty to proceed to cancel his bail.

Order Date :- 9.5.2022

Dhirendra/

Digitally signed by DHIRENDRA

KUMAR

Date: 2022.05.10 13:33:24 IST

Reason:

Location: High Court of Judicature at

Allahabad