Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32152 of 2018 Applicant :- Pappu Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Atul Kumar, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the alleged incident is said to have taken place on 14.1.2018 and first information report for the same has been lodged on 19.1.2018 for which no plausible explanation has been given by the prosecution, which itself falsify the prosecution story. It is further submitted that applicant is neither named in the F.I.R. nor in the statement of prosecutrix recorded under Section 164 Cr.P.C., a copy of which has been annexed as annexure-SA-1 to the supplementary affidavit. It is further submitted that the applicant has no concern with the alleged incident. It is further submitted that the victim was recovered from the possession of the co-accused Ashwani Yadav. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 16.4.2018. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Pappu Kumar Yadav involved in Case Crime No.08 of 2018, under Sections 363, 366, 506, 120-B I.P.C., Police Station Belaghat, District Gorakhpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.8.2018 Dev/-