Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49570 of 2021 Applicant :- Mukesh @ Mochhu Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A.,Akash Kumar Verma
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shailendra Kumar Singh, learned counsel for the applicant, Sri Akash Kumar Verma, learned counsel for the informant and Sri Janardhan Prakash, 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 - Mukesh @ Mochhu, with a prayer to release him on bail in Case Crime No. -345 of 2021, under Sections -376, 323, 506 I.P.C., Police Station -Jhangha, District -Gorakhpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 24.09.2021, the applicant is in confinement since 25.09.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that wholly false allegation has been made in the FIR. The FIR was lodged belatedly with a delay of almost one year. The allegations are wholly unsubstantiated and or not supported by any evidence. In fact, the parties were in a long standing consensual relationship. That relationship having gone bad, prosecution allegation has emerged;
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant 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 heavy 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.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.
Order Date :- 17.12.2021 S.Chaurasia