Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26762 of 2021 Applicant :- Bhoop Narayan Pal Opposite Party :- State of U.P. Counsel for Applicant :- B.N.Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Manish Kumar Singh, holding brief of Sri B.N. Singh, 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, F.I.R. was lodged against the applicant, but same is based on false facts. Prosecution has changed its version from stage to stage. Victim was not aware about the identity of the applicant. If applicant was arrested on 7.3.2021 (annexure no.5 to the affidavit), then how the F.I.R. was lodged on 4.3.2021 against the present applicant. Referring to the statement of the victim recorded under sections 161 and 164 CrPC, it is further argued that the victim herself has admitted that she was not aware about the identity of the accused-applicant. It is further submitted that victim is major. No such incident ever took place. Applicant was implicated in this case on the basis of false facts. Thus, referring to entire evidence including the medical evidence, it is further argued that applicant is languishing in jail since 7.3.2021. Criminal case shown against the applicant as criminal history, has been duly explained. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail and argued that applicant is named in the F.I.R. Although, in the statement under section 161 Cr.P.C., victim has admitted that she was not aware about the identity of the applicant, but a prima facie case is made out against the applicant.
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 161 / 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 Bhoop Narayan Pal involved in Case Crime No.168 of 2021, under Sections 376, 506 IPC, P.S. Kotwali Orai, District - Jalaun 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.
Order Date :- 28.10.2021 ss