Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12879 of 2021 Applicant :- Rajesh Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Prasad Tripathi,Anil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State through video conferencing and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident has been lodged with delay of 10 days. The victim was medically examined after 17 months of the alleged incident. The statements of victim under sections 161 and 164 Cr.P.C. have been recorded after 17 months of the alleged incident. The victim is a married lady having 3 children and in medical certificate her age has been opined above 40 years and below 60 years. Medical report does not corroborated with the prosecution version. The prosecution story is not probable and believable. The applicant is a disabled person. He moves with support of a stick and he is not in position to jump over the boundary. It has further been submitted that there is no Independence witness of the alleged occurrence. The place of occurrence is doubtful. There is no cogent evidence against the applicant to connect with the alleged offence. The police has submitted final report against other named accused. There is no criminal history of the applicant and he is in jail since 25.12.2020.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Rajesh involved in Case Crime No.428 of 2019, under Section 323, 376, 343, 506 IPC Police Station Ghoorpur District Prayagraj be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The computer generated copy of such order shall be self attested by counsel of the party concerned.
6. 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.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 7.5.2021 Gss