Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42620 of 2021 Applicant :- Vikky @ Pradeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laloo Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Vikky @ Pradeep seeking enlargement on bail during trial in connection with Case Crime No. 567 of 2021, under Sections 363, 368 I.P.C. registered at P.S.- Koda, District- Ghaziabad.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant has not committed the alleged offences. There is no evidence for alleged kidnapping against the applicant. Offences under sections 363, 368 are not made out against the applicant. Investigating officer after conclusion of investigation has submitted charge sheet in the matter. Further submitted that victim in her statement under section 164 Cr.P.C. has not implicated the applicant. She has stated that on 06.07.2021 she went with co-accused Faizan out of her own free will. Further submitted that the applicant is languishing in jail since 16.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the statement of victim under section 164 Cr.P.C.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Perusal of record reveals that victim in her statement under section 164 Cr.P.C. has specifically stated that on 06.07.2021 she went with co-accused Faizan out of her own free will and she remained in NOIDA for two days. Thereafter she went with Faizan to Jaipur and no one assisted her in leaving her house.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the statement of victim under section 164 Cr.P.C., a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Vikky @ Pradeep involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with 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.
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 :- 23.12.2021 v.k.updh.