Rahul Kumar v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48274 of 2023 Applicant :- Rahul Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard Sri Vipin Kumar Singh, Advocate, holding brief of Sri Ashish Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶2The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 138 of 2023, under Sections 363, 366 I.P.C, Police Station-Majhgawan, District-Hamirpur, during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case due to ill-will and mala-fide intention on account of village rivalry. The applicant is not named in the F.I.R, and the victim has not supported the prosecution version under Sections 161 and 164 Cr.P.C. The victim herself voluntarily left her parental house and went to Rahul Kumar-applicant. As per the statement they neither made any physical relation nor they solemnized marriage with each other. The applicant has not caused physical or mental torture to the victim. He has no criminal antecedent in his credit except the case mentioned in the affidavit. He is in jail since 04.08.2023. In case he is enlarged 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 regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Rahul Kumar, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶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 :- 6.12.2023 Vinod. High Court of Judicature at Allahabad