Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56746 of 2019 Applicant :- Yogesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Yogesh Kumar with a prayer to release him on bail in Case Crime No. 163 of 2019, under Sections 376 (2) (A) (1), 506, 120-B IPC, Police Station Awagarh, District- Etah, 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 submitted that applicant was posted as Sub-Inspector in police station Awagarh, district Etah.The husband of the victim was involved in one case and was absconding,therefore victim came in touch with applicant and used to visit police station only to protect her husband.The husband of the victim was granted bail by the court on 1.4.2019.Thereafter another accused, namely, Nirjesh Kumar, who was earlier implicated in another case, made application before the various public servants stating that he was falsely implicated by the applicant in the case and he has apprehension that he can be further implicated in other case by the applicant.It is further submitted that Nirjesh and the first informant are close friends and the present First Information Report has been lodged in conspiracy with Nirjesh.The conversation with applicant and victim shows that there is close relationship with the applicant and victim. Part of some conversations between them have been brought on record which show that there was no complaint of victim against the applicant. The victim is married women. The applicant is languishing in jail since 1.8.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has 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 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 :- 19.12.2019 Atul kr. sri.