Prince Rajpoot v. State of U.P. and 3 Others

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44000 of 2023 Applicant :- Prince Rajpoot Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A.,Ramanuj Yadav Hon'ble Vivek Varma,J.

¶1Heard Sri Virendra Kumar Gupta, learned counsel for the applicant, Sri Vivek Kumar Yadav holding brief of Sri Ramanuj Yadav, learned counsel for the complainant and learned AGA for the State-respondent.

¶2The 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.110 of 2023, under Sections 363, 366 IPC and Section 8 of POCSO Act, Police Station Charkhari, District Mahoba, during the pendency of trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim in her statement under Section 164 CrPC has not levelled any allegations against the applicant. The applicant is in jail since 03.08.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA and learned counsel for the complainant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the allegations made in the FIR by the informant against the applicant have not been supported by the victim in the statement under Section 164 CrPC. The applicant has no criminal antecedents. Further, the applicant has remained confined for more than two months 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, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Prince Rajpoot, 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 the 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;

(iii) shall not pressurize the prosecution witnesses;

¶7In 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 Priya High Court of Judicature at Allahabad