Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40394 of 2021 Applicant :- Sunil Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Mobin Ansari 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. 49 of 2021 under Section 363 I.P.C. registered at P.S.- Kamasin, District- Banda.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Victim in her statement recorded u/s 161 Cr.P.C. has specifically stated that she left her father's house out of her own sweet will. After completion of investigation, police has submitted charge-sheet under Section 363 I.P.C. against the applicant. Offence under Section 363 I.P.C. is not made out against the applicant. There are no criminal antecedents of the applicant. There is no evidence against the applicant. Learned counsel for the applicant drew attention of the Court towards statement of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. wherein she has specifically stated that she left her father's home out of her own sweet will. Further submitted that the applicant is languishing in jail since 13.05.2021.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
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 the fact that there is no evidence of enticement against the applicant, victim herself left her father's home, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Sunil Kumar 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 :- 20.12.2021 A. Mandhani