Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40323 of 2021 Applicant :- Shambhu Nishad Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Asim Zulfiquar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Mohd. Asim Zulfiquar, learned counsel for the applicant and Sri Ashwani Prakash Tripathi, 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 - Shambhu Nishad, with a prayer to release him on bail in Case Crime No. -612 of 2020, under Sections -376, 506 I.P.C., Police Station -Sarai Akil, District -Kaushambi, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 21.11.2020, the applicant is in confinement since 28.02.2021;
(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 undisputedly there pre-exists a civil dispute between the parties as to partition. On 10.09.2020, a quarrel had erupted between the parties whereupon the police had been called and the applicant challaned under Sections-
107 and 116 Cr.P.C. Up to that stage, there was no allegation of rape etc. made against the applicant. On 14.09.2020, the application under Section 156(3) Cr.P.C. was filed making false allegation of rape, with respect to the incident alleged to have taken place on 11.09.2020. Relying on the statement of the independent witness/villagers, it is stated that the fact allegation of rape is plainly false arising from civil dispute between the parties.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State 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 :- 22.12.2021 S.Chaurasia