Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14526 of 2021 Applicant :- Akash Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Priya Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Anand Priya Singh, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.46 of 2021, under Sections 363, 366, 376 & 506 I.P.C., Police Station Kotwali, District Mau, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) Although applicant is named in the FIR but he has no concerned with the present case. Victim is consenting party and she is major at the time of incident and she was well acquainted what was happening with her. In statement under Section 161 Cr.P.C. she disclosed her age to be 18 years and stated that on the relevant date and time she went with Akash with her own will and made physical relation with her consent. As per medical report she is more than 18 years. Victim was recovered same day. Statement under Section 164 Cr.P.C. was recorded after ten day from the incident. As per medical report hymen was intact but there was no external or internal injury on the person of victim.
(iii) Applicant is in jail since 23.01.2021 having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he 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 and submitted that in statement under Section 164 Cr.P.C. she levelled allegation of rape against the present 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, evidence collected by Investigating Officer during investigation, manner in which offence is alleged to have been committed, medical report of victim and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Akash be released on bail in the aforesaid case crime on his 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 applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant 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, he 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 :- 8.4.2021 I.A.Siddiqui