Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44715 of 2021 Applicant :- Rana Pratap And Other Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Singh Yadav,Vinay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, 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 applicants seeking enlargement on bail during trial in connection with Case Crime No. 296 of 2021 under Sections 323, 452, 308, 504 and 506 I.P.C. registered at P.S.- Kerakat, District- Jaunpur.
Submission of learned counsel for the applicants is that applicants are innocent and have been falsely implicated in this case. They have not committed the alleged offence. Initially an F.I.R. was lodged under Sections 452, 323, 504 and 506 I.P.C., subsequently I.O., during course of investigation, has added Section 308 I.P.C. Specific role has not been assigned to the applicants. There is no direct or circumstantial evidence against the applicants. Applicants are languishing in jail since 18.09.2021. Maximum punishment provided for the offence levelled against the applicants is seven years. Applicants have no criminal antecedents.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicants.
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, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants, Rana Pratap and Sudama Devi involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants 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, they 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.
Order Date :- 17.12.2021 A. Mandhani