Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37857 of 2021 Applicant :- Abhishek Kumar Opposite Party :- State Of U.P Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.,Sanjay Kumar Srivastava
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Abhishek Kumar, in Case Crime No. 200 of 2021, under Section 376 I.P.C. Police Station-Kotwali, District-Azamgarh.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since July, 2021; he is of no criminal antecedent; prosecutrix is major; as per High School certificate she is 23 years of age and there had been physical relation since long on the basis of consent; subsequently, this was said to be under assurance and promise of marriage, whereas, no such promise was ever made; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he release on bail; hence bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through the material placed on record it is apparent that physical relation in between since long was admitted and at no point of time any report was got lodged, subsequently, this report was there, and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Abhishek 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 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.
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 :- 27.10.2021 Deepak/ Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.28 12:51:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad