Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.378 of 2019, under Sections 376-D, 406, 323, 504, 506 I.P.C., Police Station-Harchandpur, District-Raebareli, with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 10.02.2020. It is further submitted on behalf of applicant that there is a matrimonial dispute in between the informant and her husband and applicant is the uncle (phoopha) of husband of the informant. She further submitted that only with intention to make pressure on her husband, concocted facts were mentioned in the FIR by the informant. She further submitted that during the course of investigation, call detail report of informant as well as accused persons were examined and it was found that since 24.09.2019 to 28.09.2019, the location of the informant was found in different places, except the place of incident. This fact was recorded by the Investigating Officer in the case diary and thereafter, no offence was found against the applicant, which is mentioned in parcha No.46 of the case diary, and thereafter, second statement of the informant was recorded and charge-sheet was filed against the applicant. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant, but she does not dispute this fact that during the course of investigation, call detail report of applicant was examined and in parcha No.46, it was found that no offence is made out against the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Vidyadhar @ Vivek-be released on bail in the aforesaid case crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 25.8.2021 Amit/-