Akash v. State of U.P. and Anothers

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27359 of 2023 Applicant :- Akash Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Abhishek Yadav,Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1This is second bail application moved on behalf of the applicant. The first Criminal Misc. Bail Application No. 53721 of 2022 has been rejected by this Court vide order dated 16.01.2023

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

¶3It 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 by the efflux of time, trial began and during the trial, the statement of P.W.1, the informant was recorded, who has levelled specific allegation against the main accused Sunil and so far as the applicant and co-accused Suraj are concerned, the informant had stated that being friend of main accused Sunil, they have been roped, copy of which statement is as annexed as Annexure-SA1 to the supplementary affidavit dated 12th October, 2023. Learned counsel further submits that the statement of the victim was also recorded before the trial Court as P.W.2 wherein too, she has levelled allegation against the main accused Sunil and that she has not stated anything about the applicant, copy of which statement is annexed as Annexure-5 to the supplementary affidavit. It is thus contended that the applicant has been falsely implicated in the present case and that no offence has been committed by the applicant, ergo the applicant may be enlarged on bail. 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 18.08.2022, having no criminal history.

¶4Per 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.

¶5Considering 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.

¶6Let applicant Akash involved in Case Crime No. 22 of 2021 registered as Sessions Case No. 514 of 2021, under Sections 302, 34, 307, 354 I.P.C., and Section 7/8 of POCSO Act, Police Station Dharmsinghwa, District Sant Kabir Nagar, 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.

¶7In 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 :- 23.11.2023 Mustaqeem./ S.Ali High Court of Judicature at Allahabad