Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49653 of 2021 Applicant :- Raj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application filed under Section 439 of Cr.P.C., the applicant who is involved in Case Crime No.145 of 2019, under Sections 363, 368, 342, 323, 506 I.P.C., Police Station Jafarganj, District Fatehpur and is in jail since 12.10.2019, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. He further submitted that co-accused Rampal @ Jenter and Satti Devi have been enlarged on bail. He further submitted that there is material contradictions in the statements of victim recorded under Sections 161 & 164 Cr.P.C. He further submitted that there is no allegation even in statement of victim recorded under Section 164 Cr.P.C. regarding rape or attempt to rape against the applicant. He further submitted that the applicant is languishing in jail since 12.10.2019 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will co-operate with the trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances 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 Raj Kumar involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.12.2021 Anil K. Sharma