Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47812 of 2021 Applicant :- Suryapratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nanhe Lal Tripathi 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.
Learned A.G.A. informed that service of notice upon victim/complainant has been effected but none appears on behalf of complainant/victim.
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. 256 of 2020, under Section 363 & 366 of I.P.C. & Section 3/4 of Protection of Children from Sexual Offences Act, registered at P.S.- Bar, District- Lalitpur.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The allegations levelled against the applicant are fully false and baseless and case under Section 363 & 366 I.P.C. and 3/4 of POCSO Act is not made out against him. Further submitted that the victim in her statement under Section 161 & 164 Cr.P.C. has not supported the prosecution story. She has specifically stated in her statement that she has married with the applicant and is living with her out of her own free will. The applicant is languishing in jail since 14.02.2021.
Per contra, learned A.G.A. opposed the prayer for bail however could not dispute the statement of victim under Section 161 & 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 the fact that the victim has specifically stated in her statement under Section 161 and 164 Cr.P.C. that she has married with the applicant, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Suryapratap Singh 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 VPS