Vinay Vishwakrma v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44689 of 2023 Applicant :- Vinay Vishwakrma Opposite Party :- State of U.P. Counsel for Applicant :- Pravin Kumar Dwivedi Counsel for Opposite Party :- G.A.,Manoj Kumar Tiwari Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri V.P.Tripathi, 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. 416 of 2023, under Section 363 IPC, Police Station Jhangaha, District Gorakhpur, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim is a major girl. The victim in her statement under section 164 Cr.P.C. stated that she is aged 19 years and had gone voluntarily with the applicant to a temple. There is no allegation of kidnapping or abduction against the applicant. The criminal history of the applicant has been explained in para 17 of the affidavit. The applicant is in jail since 27.08.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has 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 her statement under Section 164 Cr.P.C. The applicant has remained confined for more than two months and after submission of the charge-sheet 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 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 Vinay Vishwakarma, 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; and,

(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 :- 7.11.2023 Lbm/- High Court of Judicature at Allahabad