Satyam Vishwakarma v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39174 of 2023 Applicant :- Satyam Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Verma,Akansha Verma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Supplementary affidavit, filed by the counsel for the applicant, is taken on record.

¶2Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No.89 of 2023, under Sections 363, 366 I.P.C., Police Station-Mohabbatpur Painsa, District-Kaushambi during pendency of the trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim is a major girl. As per the medical report of the Chief Medical Officer, Kaushambi the victim is aged between 17 to 18 years. The victim in her statement under Section 164 Cr.P.C. stated that she had gone voluntarily with the applicant. There is no allegation of abduction or kidnapping against the applicant. It is next contended that the applicant did not act inappropriately with the victim. The applicant does not have any criminal history. The applicant is in jail since

13.8.2023. In case he is enlarged 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 counsel for the parties and having perused the record, this Court prima facie finds that allegations made in the FIR by the informant against the applicant have not been supported by the victim in her statement under Section 164 Cr.P.C. At this stage there is no substantive evidence against the applicant. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when 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 intimidate the witness, 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, Satyam Vishwakarma involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶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 :- 30.10.2023 S.S. High Court of Judicature at Allahabad