The court allowed a bail application filed by an applicant not named in the FIR. The court observed that the applicant has no criminal history and the prosecution story lacked independent witnesses, deeming it a fit case for bail.
Application allowed; applicant released on bail with personal bond, two sureties, and standard non-indulgence conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 22 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5643 of 2018 Applicant :- Saurabh Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Tandon Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 25.6.2017 by the informant against three accused persons namely, Vijay, Malati and Sandhya alleging that on 31.5.2017 Vijay kidnapped the daughter of complainant Radhakishan and compelled her for marriage. The daughter of complainant has taken away Rs. 10,000/- from her house.
It has been submitted by the learned counsel for the applicant that applicant was not named in the F.I.R. There is no evidence to connect the applicant with the present matter. Entire prosecution story is false and concocted. There is no independent witness. The applicant is innocent and has been falsely implicated in the present case. The prosecutrix has filed an affidavit before the S.P. concerned and stated that her age is about 21 years and got married with Vijay . They are living together as husband and wife. In case the applicant is released on bail, he will not misuse the liberty of bail; he is in jail since 24.11.2017 (more than two and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Saurabh involved in the Case Crime No. 602 of 2017, under Sections 363, 366, 368 IPC, P.S. Ghatampur, District Kanpur Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 16.2.2018//A. Singh
1 issue framed by the court
Whether bail is permissible where the applicant was not named in the FIR, claims innocence, and has no criminal history.
Saurabh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
