Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45784 of 2021 Applicant :- Rajendra Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Narayan Gupta 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.863 of 2017, under Sections 363, 366, 368, 376 I.P.C. & 4 POCSO Act, Police Station Mehroni Lalitpur, District Lalitpur, 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) As per statement recorded under Section 164 Cr.P.C. victim / prosecutrix is major and she did not level any allegation against the applicant. She went with co-accused Deepak Patel who has already been granted bail on 04.12.2021 by ac- ordinate Bench of this Court in Criminal Misc. Bail Application No.47748 of 2021 and the case of the present applicant is on better footing of that co-accused, therefore, he may also be released on bail on the ground of parity also.
(iii) Applicant is in jail since 15.10.2017 without any credible evidence and 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, statement of victim under Section 164 Cr.P.C., bail granted to main co-accused Deepak Patel and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Rajendra Patel 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 :- 24.12.2021 I.A.Siddiqui