Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21416 of 2021 Applicant :- Joni Opposite Party :- State of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Joni has prayed to release him on bail in Case Crime No. 1208/ 2017, u/s 323, 366, 376, 506 I.P.C., P.S. Kotwali Dehat, District Bulandshahar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and he is languishing in jail since 21.8.2019. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail. Prosecutrix is major. She has been said to be 19 years in FIR and she has not supported case of prosecution in her statement recorded under Section 161 Cr.P.C. as well as in testimony recorded before trial Court as PW-2, voluntarily missing has been said by her. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed but could not oppose this fact that applicant is of no criminal antecedents and prosecutrix has not supported case of prosecution in her testimony recorded before trial Court.
Having heard learned counsel for both sides and gone thorough the material placed on record as well as considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Joni, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.7.2021 Kamarjahan