Jainath vs State Of U.P.
2016 Latest Caselaw 1797 ALL

Citation : 2016 Latest Caselaw 1797 ALL
Judgement Date : 22 April, 2016

Allahabad High Court

Jainath vs State Of U.P. on 22 April, 2016

Bench: Vipin Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12619 of 2016
 

 
Applicant :- Jainath
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Manoj Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present bail application has been filed by the applicant in case crime No. 13 of 2016, under Sections 363, 365, 368 IPC, police station Uruwa Bazar, District Gorakhpur with the prayer to enlarge him on bail.

I have perused the prosecution story as set up in the FIR and also the bail rejection order.

The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. A reliance has also been placed upon the statement of the victim recorded under Section 164 Cr.P.C., copy of which has been annexed as annexure no. 6 to the bail application. It is next contended that as per high school certificate, the date of birth of the victim is 14.9.1997. It is lastly contended that the applicant is in jail since 2.3.16 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail and submitted that the investigation is now complete and a chargesheet has already been submitted. No Investigation is now left.

It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.

Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.

The prayer for bail is granted. The application is allowed.

Let the applicant Jainath involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.

Order Date :- 22.4.2016

Anand