Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44144 of 2021 Applicant :- Rinku @ Prashant Opposite Party :- State of U.P.
Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A.,Mohit Gautam
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 Rinku @ Prashant seeking enlargement on bail during trial in connection with Case Crime No. 176 of 2021, under Sections 452, 307, 506 I.P.C. registered at P.S.- Sahawar, District- Kasganj.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. No specific role has been assigned to the applicant. There are only general allegations against the applicant. Prosecution story is false and concocted. There is enmity between the parties with regard to property dispute. Brother of the applicant was brutally beaten by the informant and five others persons. Further submitted that there is cross case of the present one and it cannot be determined at this stage as to which party was aggressor. Further submitted that the applicant is languishing in jail since 28.07.2021.
Per contra, learned counsel for the complainant and learned A.G.A. opposed the prayer for bail. Learned AGA conceded the factum of cross-case.
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 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 fact that there is a cross-case of the present one and it cannot be determined at this stage as to which party was aggressor, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Rinku @ Prashant 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.
Order Date :- 23.12.2021 v.k.updh.