Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20825 of 2018 Applicant :- Vishal Opposite Party :- State Of U.P.
Counsel for Applicant :- Saurabh Sachan,Ashwani Kumar Sachan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the alleged incident is said to taken place on 15.2.2018 and first information report for the same has been lodged on 16.2.2018 for which no plausible explanation has been given by prosecution, which itself falsify the prosecution story. Learned counsel for the applicant has drawn the attention of this Court towards the statement of the victim recorded under Section 164 Cr.P.C., a copy of which has been annexed as annexure-6 to the affidavit accompanying this bail application, wherein the victim has stated that she has given her statement under Section 161 Cr.P.C. under the influence of her parents, whereas, she wants to go with Vishal-applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 24.2.2018. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Vishal involved in Case Crime No.85 of 2018, under Sections 366, 504 I.P.C., Police Station Ghiror, District Mainpuri be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 31.5.2018 Dev/-