Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36504 of 2021 Applicant :- Vikash Opposite Party :- State of U.P.
Counsel for Applicant :- Moti Lal Chauhan,Lal Dev Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Vikash, in Case Crime No.81 of 2021, under Sections 376, 506 IPC, Police Station Alinagar, District Chandauli.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 20.03.2021; he is of no criminal antecedent, there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail.
First Information Report was delayed by two days. Prosecutrix in her testimony recorded before the trial court had not supported the case of prosecution. The entire acquisition has been made is false. Hence the bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedent and also the prosecution before the Court has not supported the case of the prosecutrix. She has denied alleged rape with her.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Vikash, 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.
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 :- 23.12.2021 Shahroz