Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53784 of 2021 Applicant :- Aqib Opposite Party :- State Of U.P.And 2 Others Counsel for Applicant :- Ashish Kumar,Maohammd Nadeem Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard 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. 253 of 2021, under Sections 363, 376-D IPC and Section 3/4 POCSO Act, police station Gursahaiganj, district Kannauj, 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) Learned counsel for the applicant submits that similarly placed co-accused, namely, Anas @ Akku has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 16.12.2021 passed in Criminal Misc. Bail Application No. 53256 of 2021 and on the ground of parity, the applicant is also entitled to be released on bail. Learned counsel for the applicant also submits that the prosecutrix has been examined before the trial court as PW-1, in which she has not supported the prosecution version and has turned hostile.
(iii) Applicant is in jail since 30.6.2021 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.
Learned A.G.A. opposed the prayer for bail but conceded 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 victim recorded before the trial court and also considering the fact that similarly placed aforesaid co-accused has already been granted bail by this Court, without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Aqib 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 :- 21.12.2021 Sumaira