Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29133 of 2021 Applicant :- Vinay Kumar Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Shyam Lal
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Vinay Kumar, in Case Crime No. 57 of 2021, under Sections- 376, 504, 506 I.P.C., Police Station-Sonha, District-Basti.
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 13.05.2021; this report was got lodged by way of application under Section 156 (3) Cr.P.C.; the date of occurrence, in the statement under Section 164 Cr.P.C., is other than the date said in the First Information Report; in the statement under Section 161 Cr.P.C. the date could not be remembered hence the date, time and occurrence is not certain; prior to this registration of case, a case under Section 376 I.P.C. was got registered by the wife of the applicant against the husband of prosecutrix and it is a counterblast of the same; prosecutrix has denied for her medical examination; no such occurrence was ever occurred; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed bail.
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, Vinay Kumar, 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 :- 26.10.2021 Deepak/ Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.26 16:47:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad