Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33392 of 2020 Applicant :- Veer Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Chandra Tiwari,Jawahir Yadav Counsel for Opposite Party :- G.A.,Kripa Shanker Pandey
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Veer Singh , in Case Crime No. 150 of 2020, under section 376, 147, 323, 342, 366 IPC, Police Station Kalwari, District Basti.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 13.8.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; prosecutrix is major; she has been held to be of 19 years in medical age determination by medical board; she has said to live with applicant for 27 days even after a report on 9.7.2020; an application before Marriage Registration Officer was there, which is part of case diary wherein affidavits of prosecutrix and her mother is there; statements under section 161 and 164 of Cr.P.C. reveals that she lived with applicant for a considerable period of time, then after this report was got lodged with a considerable delay of about one month; occurrence was said to be of 7.7.2020 and report was of 11.8.2020; it is a delayed report with ulterior motive; no such occurrence ever occurred; no medical support of rape is there. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant is of no criminal antecedents.
Having heard and gone through materials placed on record, it is apparent that occurrence was of 7.7.2020 and report was of 11.8.2020 in between police interception is being said by prosecutrix. But after that she went to home of applicant on 9.7.2020 and remained there for 27 days.
Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Veer Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.7.2021 Ravi Prakash