Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12056 of 2021 Applicant :- Devanand @ Achche Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 5/2021, under Sections 376D, 366, 452, 506 IPC, police station Mubarakpur, District Azamgarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has been falsely implicated in this case. It was submitted that allegations made against the applicant are thoroughly false and baseless. It was further submitted that in fact regarding an incident of 06.03.2020, co-accused Nagendra Rajbhar, who is brother of applicant, has lodged an F.I.R. vide crime no. 45/20 against father and brothers of victim girl for the offence under Sections 147, 148, 323, 308, 504, 506 IPC and thereafter the prosecutrix has moved an application under Section 156(3) Cr.P.C. making false and baseless allegations of rape and that in pursuance of the order of court this case was registered on 05.01.2021. It has been submitted that the allegation that applicant and his brother have forcibly entered into the house of informant and took the victim girl out of home is thoroughly false and improbable as there were members of family of victim girl in the house. It has further been submitted that age of victim girl as per school certificate is 20 years and even as per medical examination report her age is 18 years. It has also been submitted that F.I.R. of this case has been lodged as a counterblast of the above-stated case lodged by brother of applicant. It has further been argued that the applicant is in judicial custody since 08.01.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Devanand @ Achche Lal involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 27.7.2021 Anand