Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15560 of 2018 Applicant :- Brijpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri R.K.S. Parmar, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the victim Vivek Shukla is aged about 25 years. In the first information report, which was lodged by mother of the victim, alleging therein that the applicant along with co-accused Rahul had enticed her son and committed unnatural sex and causing injury to him. He next submitted that the injury sustained by the injured is simple in nature. He next submitted that there was some dispute between the complainant and the applicant, on account of which he has been falsely implicated in the present case. He lastly submitted that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 30.12.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Brijpal involved in Case Crime No. 0886 of 2017, under Sections 323, 506 and 377 I.P.C., P.S. Fatehgarh, district- Farrukhabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.4.2018 Faridul