Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50773 of 2021 Applicant :- Krishna Kumar @ Pandit Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused- applicant- Krishna Kumar @ Pandit, who is involved in Case Crime No. 366 of 2021, under Sections 363 and 342 I.P.C., Police Station- Koraon, District- Allahabad.
Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case due to rivalry; that the victim is major and out of her sweet will she had gone with the applicant after being scolded by her mother; that the applicant has not enticed away the victim; that there is no independent witness of the alleged incident; that in the statements of the victim recorded under Section 161 and 164 Cr.P.C. no allegation has been made against the applicant. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 10.10.2021 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A has vehemently opposed the prayer for grant of bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case the accused applicant is entitled for bail.
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:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2021 S.Verma