Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49803 of 2021 Applicant :- Vakil Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Adya Prasad Tewari 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 materials available on record.
Accused-applicant, involved in Case Crime No. 346 of 2021, under Sections 376, 323, 504, 506 and 420 IPC, police station Chauri Chaura, district Gorakhpur, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Accused-applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He has committed no offence. The prosecution story is false and fake.
(ii) As per the F.I.R., victim is aged about 19 years and she is major. According to the statement of the victim recorded under Section 164 Cr.P.C., she was consenting party. She remained with he accused-applicant in Mumbai on her own free will for about four months, but the applicant along with his other family members harassed and tortured the victim. The applicant on the pretext of marriage also established physical relation with the victim. The victim is major and on her own will she had gone with the applicant and made physical relation. The victim was fully capable of understanding what was happening with her.
(iv) Applicant is in Jail since 23.9.2021 having no credible evidence.
(v) 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 AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, rival contentions of learned counsel for parties and also considering the statement of the victim recorded under Sextons 164 Cr.P.C., nature of allegations against the accused-applicant, severity of punishment in case of conviction, period of detention in jail and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, application is allowed.
Let applicant- Vakil Gupta 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 :- 21.12.2021 Sumaira