Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25105 of 2021 Applicant :- Rakesh Kharwar Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Datta Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Rakesh Kharwar seeking enlargement on bail during trial in connection with Case Crime No. 362 of 2020, under Sections 363, 366 & 507 of I.P.C. registered at P.S.- Kaptanganj, District- Kushi Nagar.
Submission of learned counsel for the applicant is that the the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the victim in her statements under Section 161 & 164 Cr.P.C. has made no allegations against the applicant. She went with the applicant out of her own free will. He next submitted that the applicant is languishing in jail since 03.04.2021.
Per contra, learned A.G.A. vehemently opposed the prayer for bail but did not dispute the facts that the victim in her statement under Section 161 & 164 Cr.P.C. has stated that she went with the applicant on her own sweet will.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the statements of victim under Section 161 & 164 Cr.P.C., without commenting any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Rakesh Kharwar involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with 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.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 30.7.2021 VPS