Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35055 of 2021 Applicant :- Ahivaran @ Avaran And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, learned A.G.A. for State and perused the material available on record.
Accused-applicants, involved in Case Crime No. 125 of 2021, under Sections 323, 328, 354 & 376-D I.P.C., Police Station Nidhauli Kalan, District Etah, applied for bail.
Learned counsel for the applicants submits in following manner :-
(i) Applicants are innocent and have been falsely implicated in the present case. They have committed no offence. Entire prosecution story is false and fake.
(ii) In the statement recorded under Section 164 Cr.P.C. of the prosecutrix, she deposed that Anil, Dinesh and Ahivaran have not committed any offence. She did not level any allegation against the present applicants.
(iii) Applicant no. 1 is in jail since 10.06.2021 while applicant nos. 2 and 3 are in jail since 13.06.2021 without any credible evidence and having no criminal history. There is no possibility of the applicants' fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, statement of prosecutrix under Section 164 Cr.P.C. wherein no allegation against the applicants have been levelled and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicants Ahivaran @ Avaran, Anil and Dinesh be released on bail in the aforesaid case crime on their furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, they shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 SA