Pushpendra vs State Of U.P.
2017 Latest Caselaw 4242 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34458 of 2017
 

 
Applicant :- Pushpendra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sunil Kumar Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash-VII,J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

Submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. Role of committing offence of rape is assigned to co-accused Vikas. Applicant was falsely implicated in this matter due to village party bandi. Referring to the argument recorded under Section 161 and 164 Cr.P.C. it was also argued that the entire prosecution story is false. The applicant has no criminal history. He is languishing in jail since 31.7.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant Pushpendra involved in Case Crime No. 295 of 2017, under Sections 376-D I.P.C. and Section 4 of Protection of Children From Sexual Offences Act, P.S. Kakod, District Bulandshahr be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant will not tamper with the evidence during the trial.

2. The applicant will not pressurize/ intimidate the prosecution witness.

3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court. 

Order Date :- 12.9.2017

Sachdeva