Ram Krishna Gautam,J.

1. Learned AGA filed personal affidavit of Sri Ashish Srivastava, Superintendent of Police, Basti, wherein, synapses of investigation till today, has been narrated with annexure of entries in case crime, which reveals that prosecutrix herself along with main accused Vinod, is hiding personally; efforts are being taken for getting arrest, hence no circumstance for any further order is there with regard to failure in non investigation by I.O., hence, this bail application is decided on merit.

2. Heard over bail application moved by applicant, Ajay Kumar, in Case Crime No. 05 of 2021, under Sections 363, 366, 343 IPC, Police Station-Radhauli, District-Basti.

3. Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail 08.10.2021; 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; accused applicant is neither family member of main accused nor of any concern with present occurrence; prosecutrix voluntarily eloped with Vinod and is personally hiding herself with him; applicant, who used to reside at Surat, was at difference with informant, as a result of which, he has been falsely implicated; he had applied for anticipatory bail, but owing to Covid pandemic, it could not be heard, as a result of which, coercive process were issued, but he himself surrendered before the court concerned, where his bail has been rejected; no question of proclaimed offender is there; co-accused Sangeeta has been granted bail, in this very case crime number, by the coordinate Bench of this Court in Crl. Misc. Bail Application no. 17149 of 2021 and another accused Raj Kumar has been granted anticipatory bail. Hence, bail has been prayed for.

4. Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.

5. 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.

6. Accordingly, the bail application is allowed.

7. Let the applicant, Ajay 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.

5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

6. The computer generated copy of such order shall be self attested by the by the counsel of the party concerned.

7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.