Titu @ Abhi @ Krishna Kumar v. State of U.P. and 3 Others

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43729 of 2023 Applicant :- Titu @ Abhi @ Krishna Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharm Jeet Singh,Hari Bans Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Learned A.G.A. on the basis of instructions submits that notice of the instant bail application has been served upon the opposite party no. 2-informant on 14.09.2023 and upon the opposite party no. 4-Child Welfare Committee, Auraiya on 15.09.2023. The receiving endorsements as produced by the learned A.G.A. are taken on record. However, when the case is taken up, no one appears on behalf of the opposite party nos. 2 and 4 nor any counter affidavit has been filed on their behalf.

¶2Heard learned counsel for the applicant and learned A.G.A. for the State-opposite party.

¶3The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 123 of 2023, under Sections 354, 363, 366 I.P.C. and 7/8 Protection of Children from Sexual Offences Act, Police Station Ajeetmal, District Auraiya during the pendency of the trial.

¶4Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim in her statements under Sections 161 and 164 Cr.P.C. stated that she left her house on 12.03.2023 at 08.00 a.m. and went to Etawah, from there she along with the applicant went to Gurgaon. There is no allegation of any indecent behaviour or sexual assault against the applicant. It is further contended that it is highly improbable that the applicant forcibly took the victim to Gurgaon by public transport without any protest. The applicant is in jail since

26.03.2023 having no criminal history and if he is released on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that in the statements of the victim under Section 164 Cr.P.C. there is no allegation of abduction or sexual assault against the applicant. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost six and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant-Titu @ Abhi @ Krishna Kumar, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 13.10.2023 SKT/- High Court of Judicature at Allahabad