Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38512 of 2021 Applicant :- Ujjwal Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh,Anand Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.127 of 2021, under Sections 328, 354-Ka, 376, 511 I.P.C., Police Station Rohta, District Meerut, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.
(ii) Although, the applicant is named in F.I.R. but he has no concern with the present case. In statement of victim recorded under Section 161 and 164 Cr.P.C., entire allegation has been levelled against the co-accused persons, nothing has been levelled against the applicant. No allegation of rape has been levelled against the applicant.
(iii) Applicant is in jail since 15.08.2021. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but conceded the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, statement of victim recorded under Section 164 Cr.P.C., evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Ujjwal be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to 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 or case.
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 :- 24.12.2021 Manoj