Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23496 of 2021 Applicant :- Kunnu Yadav @ Navneet Yadav And 2 Others Opposite Party :- State Of Up.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicants, Kunnu Yadav @ Navneet Yadav, Aakash Rajbhar, Sonu Rajbhar, in Case Crime No.09 of 2021, under Sections 376D IPC and Section 67A of Information Technology (Amendment) Act, Police Station-Bardah, District-Azamgarh.
Learned counsel for the applicant argued that the accused- applicants are innocent; they have been falsely implicated in this very case crime number and is languishing in jail since 09.01.2021; they are of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Prosecutrix is major; she was under affairs with Aman Rajbhar; marriage was settled to be organized; subsequently, this implication was got made, whereas prosecutrix, in her testimony recorded before trial court, had denied any such occurrence with her; she had admitted this false accusation; supplementary affidavit is annexed with above testimony of prosecutrix recorded before trial court. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the co-accused Aman Rajbhar in Crl. Misc. Bail Application no. 33289 of 2021 and Guddu @ Pravesh in Crl. Misc. Bail Application no. 18841 of 2021 and one other co- accused, have been granted bail by the co-ordinate Benches of this Court and prosecutrix, in her statement recorded before trial court, had not supported case of prosecution and she had denied any such occurrence with her.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, testimony of prosecutrix recorded before trial court, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants, Kunnu Yadav @ Navneet Yadav, Aakash Rajbhar, Sonu Rajbhar, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 20.12.2021 Dhirendra/ Digitally signed by RAM KRISHNA GAUTAM Date: 2021.12.21 10:44:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad