Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47761 of 2019 Applicant :- Kripal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Jai Prakash Singh, learned counsel for the applicant; as well as Sri Vikash Goswami, 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 - Kripal Singh with a prayer to release him on bail in Case Crime No. -434 of 2019, under Sections - 363, 342, 354, 506 I.P.C. and 7/8 The Prevention of Protection of Children from sexual offences Act 2012, Police Station - Khutar, District - Shahjahanpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction and outrage the modesty of a woman, punishable with imprisonment of seven years;
(ii) against FIR lodged on 06.09.2019, the applicant is in confinement since 07.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is pending;
(vi) on prima facie basis only, it may be noted that besides the fact that the applicant has never been implicated in any criminal case, the present prosecution story is stated to be wholly false, wherein a simple road accident has given the colour. Only because the other party involved in the accident was a lady. Moreover, it has been submitted that there is material discrepancy in the FIR allegation and the statement recorded under Section 164 Cr.P.C. In any case, the victim was never abducted and therefore allegation of abduction is patently false;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and 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 :- 26.11.2019 S.Chaurasia