By means of this application the applicant Joy Samuel Prasad has prayed to release him on bail in Case Crime No. 1244 of 2019, u/s 376, 504, 506, 507 I.P.C., P.S. Kalyanpur, District Kanpur Nagar.
Heard learned counsel for the applicant and learned counsel for the informant as well as 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 is languishing in jail since 3.3.2020. He is of no criminal antecedent and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. FIR reveals the occurrence since 1.1.2014 and report was got lodged on 28.12.2019 i.e. after more than five years. This was a living in live-in-relation. Subsequently, this false case was got lodged. It was a consensual physical relation. Hence bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed but could not oppose this fact that applicant is of no criminal antecedent.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that prosecutrix in FIR as well as statements has repeatedly said to be under relation with applicant since 1.1.2014. At no point of time, any protest with regard to rape, was raised by her. Living in live-in-relation was admitted fact. Under all above facts and circumstances as well as considering the nature of accusations, severity of the punishment in the case of conviction and 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, Joy Samuel Prasad, 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 :- 7.1.2021 Kamarjahan