Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28223 of 2021 Applicant :- Abdul Kayum Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.,Uday Bhan Mishra
Hon'ble Om Prakash-VII,J.
List revised. None is present for the informant.
Heard Shri J.P. Yadav holding brief for Shri R.P. Srivastava, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Victim was major aged about 20 years. No prima facie case is made out against the applicant. Mere breach of promise of marriage will not be sufficient to attract the offence under Section 376 IPC. It is also submitted that if entire prosecution case is taken into consideration then also physical relations were established by the applicant with the victim with her free will. Referring to the evidence collected during investigation it is also submitted that offence under Section 376 IPC is not attracted in the matter. The applicant has no criminal history. He is languishing in jail since 22.6.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 164 CrPC, the medical evidence, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Abdul Kayum involved in Case Crime No. 131 of 2021, under Section 376 IPC, P.S. Bakhira, District - Sant Kabir Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.10.2021 safi