Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53180 of 2021 Applicant :- Aakash Opposite Party :- State Of U.P Thru Secretary Home Govt. Up. Counsel for Applicant :- Kunal Shah,Suvansit Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Kunal Shah, learned counsel for the applicant and Sri Ashwani Prakash Tripathi, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Aakash, with a prayer to release him on bail in Case Crime No. - 89 of 2021, under Sections - 368, 376 and 506 I.P.C., Police Station - Rampur, District - Mau, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 29.08.2021, the applicant is in confinement since 30.08.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that completely false allegations have been made in the FIR on account of other disputes and reasons. A wholly improbable story has been made in the FIR of the prosecutrix having accompanied unknown persons from her maternal home. In her statement recorded under Section 164 Cr.P.C., she identified the applicant as her ex-boyfriend. Then, referring to the injury report, it has been submitted, completely false allegations have been made. There is inconsistency in the facts disclosed by the victim girl and statements of her mother and brother. Thus, a consensual relationship has been claimed.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.
8. It is further made clear, in the event of any measure being adopted by the applicant to either intimidate the victim or to even make contact with her either personally or through electronic means or in any other means, it may result in immediate cancellation of bail being granted to the applicant.
Order Date :- 22.12.2021 Abhilash Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.22 17:09:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad