Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34677 of 2021 Applicant :- Vinod Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Siya Ram Verma,Deepak Kumar Verma 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.
Despite service of notice, none appears on behalf of complainant/victim.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 443 of 2021 under Sections 452, 354, 323 I.P.C. and Section 8 of POCSO Act, 2012 registered at P.S.- Akbarpur, District- Kanpur Dehat.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case owing to village factionalism. Victim in her statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. has stated that applicant caught her hand and there is no external injury on the body of victim. F.I.R. was lodged after due consultation. Further submitted that the applicant is languishing in jail since 26.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
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 the accused and all other attending circumstances were duly considered.
Perusal of the medical report of the victim shows that there is no external injury noted in the report.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Vinod Kumar 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 :- 22.12.2021 A. Mandhani