Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47331 of 2021 Applicant :- Suneel Opposite Party :- State of U.P.
Counsel for Applicant :- Rama Shankar Mishra 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. 519 of 2021 under Section 363 I.P.C. registered at P.S.- Jahangirabad, District- Bulandshahr.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Offence under Section 363 I.P.C. is not made out. Applicant has no criminal antecedents. Victim in her statement recorded under Section 164 Cr.P.C., has not supported the prosecution story. There is statement of victim that applicant, Suneel called her by telephone, she went with Suneel. She lived with Suneel for 4-5 days. Applicant did not commit any wrong with her. Next submitted that the applicant is languishing in jail since 13.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the statement of victim recorded under Sections 161 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 that statement of victim which prima-facie discloses that victim was a consenting party, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Suneel 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 :- 22.12.2021 A. Mandhani