Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52776 of 2019 Applicant :- Vishal Agrawal Opposite Party :- State of U.P.
Counsel for Applicant :- Lal Mani Singh,Praveen Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Shri Vikas Tripathi, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Vishal Agrawal with a prayer to release him on bail in Complaint Case No. 3233 of 2018, under Sections 376, 323, 504, 506 IPC, Police Station Naubasta, District- Kanpur Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that there is property dispute between Manish Kumar Agarwal and applicant. Applicant has been falsely implicated in this case through prosecutrix who is aged about thirty three years.The prosecutrix is not traceable on the address given in the complaint.R.T.I.document has been brought on record to prove this fact.It is further submitted that applicant has been implicated in this case by setting up a women against him.Applicant does not knows the prosecutrix.The victim is major. The applicant is languishing in jail since 30.10.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.11.2019 Atul kr. sri.