Kuldeep v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17055 of 2023 Applicant :- Kuldeep Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.,Afshan Shafaut,Rama Shanker Mishra Hon'ble Sameer Jain,J.

¶1Supplementary affidavit filed today on behalf of the applicant is taken on record.

¶2Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant, Sri Rama Shanker Mishra, learned counsel for the informant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 470 of 2022, under Sections 363, 366, 376 IPC & 3/4(2) POCSO Act, Police Station-Kalan, District-Shahjahanpur, during pendency of the trial in the court below.

¶4FIR of the present case was lodged against applicant and others and according to the FIR, applicant and other accused persons abducted the victim aged about 15 years.

¶5Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and however, victim supported the prosecution case during investigation but when she appeared before the trial court then she did not support the prosecution case and has been declared hostile. He further submitted that statement of the victim recorded by the trial court has been annexed alongwith the supplementary affidavit.

¶6He further submitted that applicant is not having any criminal history and he is in jail since 25.11.2022 i.e. for last more than a year.

¶7Per contra, learned AGA although, opposed the prayer for bail but could not dispute the fact that during trial, victim of the case has been declared hostile.

¶8Learned counsel for the informant also conceded the fact that during trial, victim of the case did not support the prosecution case and has been declared hostile. He further submitted that even victim and informant both are having no objection, if applicant be enlarged on bail.

¶9I have heard learned counsel for the parties and perused the record of the case.

¶10Considering the fact that victim of the case did not support the prosecution case during trial and has been declared hostile and even informant and victim both are having no objection, if applicant be enlarged on bail and applicant is in jail for last more than a year, in my view applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Kuldeep be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 12.12.2023 KK Patel High Court of Judicature at Allahabad