Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56010 of 2019 Applicant :- Ajeet @ Satya Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ajeet @ Satya Prakash with a prayer to release him on bail in Case Crime No. 228 of 2019, under Sections 376, 506, 325 IPC, Police Station Shivli, District- Kanpur Dehat, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is submitted that it is a case of consent.The victim and applicant had affair. From the site plan prepared by the investigating officer all the houses have been shown as adjacent.However the allegation is that victim was caught by the applicant in her house and from her house after crossing two houses in between being houses of Chandra Kishore and Nand Lal,he dragged the victim to his house. In paragraph-34 of the affidavit filed in support of the application there is clear averment that there is gap of 2.5 ft. between the house of the applicant and house of the Nand Lal, therefore allegation of dragging is not correct. From the instructions received by the learned A.G.A. this fact has not been denied by the victim tried to jump from her house to the house of Chandra Kishore and then to Nand Lal and fell down from the gap between two houses which resulted in fracture in her rib and other injuries.
Learned counsel for the applicant has submitted that Chadra Kishore, whose house is situated after the house of Nand Lal has filed affidavit stating that there was love affair between the applicant and victim and at 2.30 in the night victim had come on the roof at applicant's house after climbing the roof of the houses of Chand Kishore and Nand Lal.She was seen by the Chandra Kishore and Vishwanath and they raised an alarm in suspicion of thief and after hearing the alarm victim tried to go on the roof of her house through roofs of Chandra Kishore and Nand Lal. While jumping on the roof of Nand Lal she fell on the ground from gap between the houses of applicant and Chandra Prakash and sustained injuries.There is no allegation of rape against the applicant.From the medical report there is no evidence of sexual violence.The victim is aged about nineteen years. The applicant is languishing in jail since 9.7.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 16.12.2019 Atul kr. sri.