Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44723 of 2021 Applicant :- Shashikant Pandey @ Babloo Opposite Party :- State of U.P.
Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar Yadav Counsel for Opposite Party :- G.A.
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 seeking enlargement on bail during trial in connection with Case Crime No. 362 of 2021 under Sections 363 and 366 I.P.C. registered at P.S.- Ghosi, District- Mau.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Applicant has not committed the alleged offence. Victim went with the applicant out of her own sweet will as there was no enticement. Victim in her statement recorded u/s 161 and 164 Cr.P.C. has not supported the prosecution story and subsequently stated that she went with the applicant out of her own volition. In her statement recorded u/s 164 Cr.P.C. which is at page no. 24 of the paper book, she has stated that if applicant will not take her away, she will commit suicide. Further submitted that the applicant is languishing in jail since 21.06.2021.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the statement of victim recorded u/s 161 Cr.P.C. and 164 Cr.P.C.
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 the 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 statement of victim recorded u/s 161 and 164 Cr.P.C., without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Shashikant Pandey @ Babloo 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 :- 17.12.2021 A. Mandhani