Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32166 of 2021 Applicant :- Anand Kumar Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Pal,Kunjesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Anand Kumar Patel, in Case Crime No.146 of 2021, under Sections 376, 506 IPC, Police Station Sarai Inayat, District Prayagraj.
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 01.05.2021; he is of no criminal antecedent, there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence bail has been prayed for.
The First Information Report was delayed by one month all through no complaint was made. The prosecutrix is 45 years of age; the applicant is a student; relationship is of close degree. Brother of the prosecutrix, her kids were inside the house but none of them supported the case of prosecution.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard learned counsel for both the parties, gone through the material placed on record 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, Anand Kumar Patel, 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.
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 :- 23.12.2021 Shahroz