Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53734 of 2021 Applicant :- Dilip Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Prashant Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.255 of 2021, registered under Sections 354, 376 I.P.C., Police Station Bhognipur, District Kanpur Dehat during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The incident took place on 18.05.2021 and the FIR has been lodged on 04.06.2021 after inordinate delay of 17 days for which there is no plausible explanation, hence, there is suspicion in the prosecution story. As per medical report, no internal or external injury has found over the body of the victim, hence, no case is made out under Section 376 I.P.C. The statement of independent and chance witnesses have stated otherwise contradictory to the statement of informant as stated in FIR and 161 Cr.P.C. The statement of victim is wholly changed and are not supporting the version of FIR. The applicant has no previous criminal antecedents. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 21.09.2021.
Per contra, learned A.G.A. as well as learned counsel for the informant opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and the view laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.
Let the applicant-Dilip, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-
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.
4. The applicant shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.12.2021 Nitin Verma