Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23289 of 2021 Applicant :- Aman Rajbhar Opposite Party :- State of U.P.
Counsel for Applicant :- Sheo Prasad Yadav,Kailash Pati Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Sheo Prasad Yadav, 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 not committed present offence. He has been falsely implicated in this case. Although applicant is named in the F.I.R., but no specific role has been assigned by the victim against the applicant in her statement recorded under section 164 Cr.P.C. At this stage, learned counsel has referred to the statement of the victim recorded under section 164 Cr.P.C. and further argued that victim is major. Victim was in love affair with the applicant. They were about to marry. Committing the offence of rape is assigned to co-accused. Thus, referring to the aforesaid fact, it is further argued that the criminal case shown as criminal history was planted after the arrest of the applicant in this matter. Applicant is languishing in jail since 9.1.2021 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 Aman Rajbhar involved in Case Crime No.09 of 2021, under Sections 376-D IPC and 67-A of Information Technology Act, P.S. Bardah, District - Azamgarh 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. The applicant will not pressurize/ intimidate the prosecution witness.
2. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 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.
3. 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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 27.9.2021 ss Digitally signed by OM PRAKASH Date: 2021.09.27 17:19:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad