Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53697 of 2021 Applicant :- Shahil Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Shahil with a prayer to release him on bail in Case Crime No.22 of 2021, under Section 376 I.P.C., P.S. Nawabganj, District Kanpur Nagar during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The statement of the victim recorded under sections 161 & 164 Cr.P.C. are contradictory and are not supporting the version of the First Information Report. In the First Information Report, the victim has made allegation against the applicant but has not disclosed that she was married. In the statement of the victim recorded under section 161 Cr.P.C., she has disclosed that she is married with some other person but she had relation with the applicant since last five years and wanted to marry. Only to make pressure, the victim lodged present First Information Report against the applicant. In the medical report, there is no allegation of rape against the applicant. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 08.10.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Shahil, be released on bail in Case Crime No.22 of 2021, under Section 376 I.P.C., P.S. Nawabganj, District Kanpur Nagar, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.12.2021/SKD Digitally signed by Justice Deepak Verma Date: 2021.12.21 12:21:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad