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Vinesh Kumar vs State Of U P

High Court Of Judicature at Allahabad|30 May, 2019
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JUDGMENT / ORDER

Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22886 of 2019 Applicant :- Vinesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Anadi Krishna Narayana,Neeharika Sinha Narayana Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Referring to the contents of the FIR, it is further submitted that FIR was lodged on the basis of false fact. At this stage, learned counsel for the applicant referred to the annexure no. 4 of the application and argued that doctor who has medically examined the victim has opined that "there are clinically no signs suggestive of penetration of vagina". Referring to the above fact, it is further submitted that if entire prosecution case is taken into consideration then also, at the most, offence under Section 376 read with Section 511 IPC will be attracted in the present matter. Learned counsel for the applicant also referred to the affidavit annexed with the application and argued that in fact victim had taken Rs. 50,000/- from the applicant. When same was demanded, she threatened to the applicant to falsely implicate in a criminal case and due to that reason, present FIR was lodged. No such incident ever took place. Medical evidence does not support the oral version of the prosecutrix made under Section 164 Cr.P.C.. The applicant has no criminal history. He is languishing in jail since 26.09.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vinesh Kumar involved in Case Crime No. 1563 of 2018, under Sections 363, 323, 342, 376 IPC and Section 3/4 POCSO Act and Section 3(2)5 SC/ST Act, P.S. Vijay Nagar, District - Ghazabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.5.2019 Sanjeet
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Title

Vinesh Kumar vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 May, 2019
Judges
  • Om Prakash Vii
Advocates
  • Anadi Krishna Narayana Neeharika Sinha Narayana