Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25080 of 2021 Applicant :- Vishant @ Kallu Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Daga,Abhishek Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Vishant @ Kallu has prayed to release him on bail in Case Crime No. 26 of 2021, u/s 366, 376, 506 I.P.C., P.S. Sikhera, District Muzaffarnagar.
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 27.3.2021. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail. Prosecutrix is major. Report was got lodged by her father about her missing, with preparation by taking Rs. 10,000/-, and it was suspected to be under behest of applicant because he was having telephonic conversation with prosecutrix. Subsequently, prosecutrix was recovered along with applicant, with no protest by prosecutrix and she, in her statement recorded under Section 161 of Cr.P.C., has categorically said to be under acquaintance and love with applicant since last 5 years. No accusation was there but after influence of her parents, she developed a case of gang rape, in her statement recorded under Section 164 of Cr.P.C. Again, Investigating Officer recorded her statement, where, she said that it was under omission for accusation of rape by friend of applicant. In this way, there is variance of statements recorded at different levels. No obscene video or photo is in existence nor any accusation is there. Hence, bail has been prayed for.
Learned AGA has vehemently opposed but could not oppose this fact that applicant is of no criminal antecedent and prosecutrix is major, said to have fled with preparation by taking Rs. 10,000/-, with her.
Having heard learned counsel for both sides and gone thorough the material placed on record as well as considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Vishant @ Kallu, 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 :- 27.7.2021 Kamarjahan