Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11352 of 2021 Applicant :- Avadh Bihari Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.,Gagan Pratap Singh
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mahendra Tripathi, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 804 of 2020, under Sections 498A, 323, 354, 376, 511 of I.P.C., P.S. Tajganj, District Agra.
It has been argued by the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is further argued that the accused applicant is father in law of the victim. The victim had married the son of the applicant and thereafter he turned to be HIV positive and thereafter the victim did not want to live with the son of accused applicant and demanded a sum of Rs. 25,00,000/- which could not be paid and hence, this false case has been imposed against him and his entire family members. It is further argued that there is no allegation of rape in the F.I.R. as well as in her statement under Section 161 Cr.P.C. but after 3 and a half months she has levelled allegation of rape in her statement under Section 164 Cr.P.C., therefore her statement cannot be believed. It is further argued that the victim has refused to get her internal examination done. The accused applicant has no criminal history; he is in jail since 16.01.2021; if the accused is released on bail, he will not misuse the liberty of bail.
It is further pointed out by the learned counsel for the applicant that in the title of this case, the name of the applicant has been wrongly recorded as 'Avadh Bihari Pal' in place of 'Avadh Bihari Lal', hence, office is directed to correct the same.
Learned A.G.A. has vehemently opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that there is no strong evidence and the victim has refused to get her internal examination done, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Avadh Bihari Lal involved in 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 8.4.2021 VPS