Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41685 of 2021 Applicant :- Kishan Gopal @ Kiral Gopal Opposite Party :- State Of U.P And Another Counsel for Applicant :- Sudhakar Singh Counsel for Opposite Party :- G.A.,Zafar Abbas
Hon'ble Rajendra Kumar-IV,J.
Counter affidavit filed on behalf of informant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for State, learned Counsel for the complainant and perused the material available on record.
Accused-applicant, involved in Case Crime No.624 of 2020, under Sections 363, 366, 376 I.P.C. & 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station Behjoi, District Sambhal, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) In Statement recorded under Sections 161 and 164 Cr.P.C. victim / prosecutrix did not level any allegation of rape against the applicant. Victim was consenting party. At the time of alleged incident victim was major and aged about 18 years. She had gone with applicant of her own free will. She married with applicant and now she is pregnant of six months, and she want to live with present applicant. She was fully capable of understanding what was happening with her.
(iii) Applicant is in jail since 13.06.2021 without any credible evidence and having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. as well as learned Counsel for the complainant opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, statement of victim under Sections 161 and 164 Cr.P.C. and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Kishan Gopal @ Kiral Gopal be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 24.12.2021 I.A.Siddiqui