Allahabad High Court
Asheesh vs State Of U.P. on 14 October, 2020
Author: Pradeep Kumar Srivastava
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28867 of 2020 Applicant :- Asheesh Opposite Party :- State of U.P. Counsel for Applicant :- Shreesh Bahadur Tripathi Counsel for Opposite Party :- G.A. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Asheesh with a prayer to enlarge him on bail in Case Crime No. 639 of 2019, under Sections 354C, 376, 506 I.P.C., Police Station Gajraula, District Amroha.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. The submission is that the first information report was lodged against the accused-applicant and his father making allegations that the accused-applicant had committed rape on the victim/informant for several days. It has also been stated in the first information report that the accused persons were threatening her to throw acid on her face. She gave such information to her husband. The accused persons threatened her to kill her husband. They have also given threat her for making her nude photograph viral. Submission is that the first information report has been lodged after 22 days from the date of incident. Further submission is that the first information report was not promptly lodged. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 01.06.2020, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has already filed charge sheet in the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 14.10.2020 sailesh