Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23603 of 2019 Applicant :- Chand Alias Shahid Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anmol Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Learned counsel for the applicant has drawn the attention of the Court towards the statement of victim recorded by the Magistrate under section 164 Cr.P.C. according to which applicant had no complicity in the alleged crime and all the allegations of enticing her away were denied by the victim. Further submission is that even according to the allegations made in the F.I.R., no offence under section 376 I.P.C. is made out. 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 have 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 26.03.2019 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Chand Alias Shahid Ali, involved in Case Crime No.19 of 2019, u/s 363, 366, 376 I.P.C. and 3/4 Protection of Children From Sexual Offence Act and under Section 3(2) (5) S.C./S.T. Act, P.S.- Kohna, District- Kanpur Nagar, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 6.6.2019 shiv