Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18178 of 2019 Applicant :- Krishnanand Singh @ Sarvan Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He is not named in the FIR nor the victim implicated the applicant in the statement recorded under Section 161 Cr.P.C. For the first time the victim implicated the applicant in the statement recorded under Section 164 Cr.P.C. to constitute the offence under Section 376 IPC. Although age of the victim is not disclosed in the FIR but in the radiological examination she was found to be aged about 18 years. Victim is a consensual party. She has gone with co-accused Suraj Sharma. If entire prosecution story is taken into consideration then it is also clear that physical relation was established with her consent. Offence under Section 376-D IPC is not attracted against the applicant. No complaint was made by her during her stay along with the co-accused. The applicant has no criminal history. He is languishing in jail since 11.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Krishnanand Singh @ Sarvan involved in Case Crime No. 83 of 2018, under Sections 376-D, 366 IPC, P.S. Harpur Budahat, District Gorakhpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.4.2019 Sachdeva