Monish v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50367 of 2023 Applicant :- Monish Opposite Party :- State of U.P. Counsel for Applicant :- Kalp Dev Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.495 of 2022, under Section 363 of I.P.C., Police Station Thakurdwara, District Moradabad during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 31.10.2022. The first information report was lodged on 08.11.2022. The victim is a major girl. The victim in her statement under Section 164 Cr.P.C. stated that she had gone voluntarily to Rudrapur, thereafter, from Rudrapur, along with the applicant, she went to Gujarat. While she was returning, she was apprehended by the Police. There is no allegation of kidnapping and abduction against the applicant. The applicant is in jail since

13.11.2022, having no criminal history and if he is released on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the F.I.R. was lodged belatedly. The victim in her statement under Section 164 Cr.P.C. stated that she had gone voluntarily with the applicant. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than one year and after submission of the charge-sheet there is no hope of early conclusion of trial, 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, therefore, 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-Monish, 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 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 :- 2.12.2023 Sachin Mishra High Court of Judicature at Allahabad