Mukul Khare v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47309 of 2023 Applicant :- Mukul Khare Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the FIR has been lodged without disclosing the date and time of the incident, which creates doubt. He further submits that as per academic record, date of birth of the prosecutrix is 2.4.1999 and as such she is major girl and no offence is made out against the applicant. He further submits that the prosecutrix has refused for her internal and external medical examination. He further submits that there is major contradiction in the version of the FIR and the statements of the victim recorded u/s 161 and 164 Cr.P.C. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 3.5.2019, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶5Let applicant Mukul Khare involved in Case Crime No.312 of 2023 under Sections 376, 328, 406, 506 I.P.C., Police Station Kotwali, District Jhansi, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

A. The applicant shall not tamper with the evidence during the trial.

B. The applicant shall not pressurize/ intimidate the prosecution witness.

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

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

E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶6In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 6.11.2023 m.a. High Court of Judicature at Allahabad