Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14394 of 2021 Applicant :- Prayagraj @ Pargawa Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.121 of 2020, under Sections 376-D, 504 & 506 I.P.C., Police Station Rajapur, District Chitrakoot, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) Applicant is not named in the FIR, his name came into light during investigation on the statement of victim under Section 164 Cr.P.C. Applicant is major aged about 25 years and she is married. She denied to get medically examined. Main co- accused, namely, Omkarnath Vishwakarma granted bail on 09.12.2020 by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.34992 of 2020 and case of the present applicant is on better footing of that co-accused.
(iii) Applicant is in jail since 10.08.2020 having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by Investigating Officer during investigation, bail granted to co-accused and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Prayagraj @ Pargawa Nishad be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 8.4.2021 I.A.Siddiqui