Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53797 of 2021 Applicant :- Sarafaraj Opposite Party :- State of U.P.
Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dileep Kumar Srivastava, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned counsel for the informant (upon appearance filed today) and Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Sarafaraj, with a prayer to release him on bail in Case Crime No. -205 of 2021, under Sections- 363, 366, 376 I.P.C., Police Station -Ramkola, District -Kushinagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 28.06.2021, the applicant is in confinement since 03.07.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the alleged victim girl was about 19 years of age on the date of occurrence. Referring to her statement recorded under Section 164 Cr.P.C., it has been submitted that there was a consensual relationship between the parties from before. Merely on account of other facts and circumstances, the false prosecution allegation has been made.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.12.2021 S.Chaurasia