Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40295 of 2015 Applicant :- Shankar Prasad @ Jugunu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Srivastava,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Shankar Prasad @ Jugunu has prayed to release him on bail in Case Crime No.
489 of 2015, u/s 376-D, 506 I.P.C., P.S. Jangipur, District Ghazipur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number because of being political enmity. He is in jail since 12th July, 2015 i.e. more than four years has been under incarceration whereas prosecutrix in her statement recorded before the trial Court as well as other witnesses of fact including informant, have turned hostile. They have not supported the case of prosecution. Accusation of alleged gang rape by accused applicant and one other has been specifically denied by prosecutrix. Her statement recorded under Section 164 of Cr.P.C. has been said to be under influence and pressure of police personnel. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
Statement of prosecutrix Indu as well as informant and other witnesses have been filed with supplementary affidavit, in which there is no support of prosectuion is there. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Shankar Prasad @ Jugunu, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.8.2019 Kamarjahan