Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8926 of 2017 Applicant :- Shish Pal Singh @ M.P.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 654 of 2016, under Sections 376/511 & 323 I.P.C., P.S. Bilari, District Moradabad.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; the statement recorded under Section 161 Cr.P.C., there is no allegation of rape against the applicant, even in the statement recorded under Section 164 Cr.P.C. there is no allegation of rape against the applicant; the applicant is languishing in jail since 24.01.2017 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Shish Pal Singh @ M.P. involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 19.4.2017 A. Tripathi