Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53395 of 2021 Applicant :- Jagdish Kumar @ Anna Opposite Party :- State Of U.P Thru Secretary Home Govt. Up. Lknw.
Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Manish Yadav, learned counsel for the applicant, Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Jagdish Kumar @ Anna, with a prayer to release him on bail in Case Crime No. -113 of 2021 under Sections -376-D, 328 I.P.C., Police Station -Rakabganj, District - Agra, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 30.07.2021, the applicant is in confinement since 29.09.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) criminal history of one case has been explained;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the parties have been in a acrimonious relationship for very long. The present FIR is preceded by an earlier criminal complaint lodged at Dholpur, Rajasthan. Though, the informant claims rape committed on her by the applicant against a false promise of marriage, in her statement recorded under Section 164 Cr.P.C., she categorically admitted to marriage performed between the parties on 07.03.2021. Thus, the prosecution allegation, insofar as the present applicant is concerned stands materially diluted.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.12.2021 S.Chaurasia Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.20 11:03:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad