Ankit v. State of U.P.

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15056 of 2020 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Ram Bilas Yadav,Ashutosh Tiwari Counsel for Opposite Party :- G.A.,Anurag Vajpeyi

Hon'ble Vivek Kumar Singh,J.

Heard counsel for the applicant, Sri Sanjay Singh, learned AGA-I, for the State and perused the material brought on record.

The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. It is next submitted that victim has stated in her statement recorded under section 161 and 164 Cr.P.C. that she left her house on her own sweet will and went with the applicant and married with him, she has not disclosed anything against the applicant. The victim is a consenting party. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 6.2.2020, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and large mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

Let applicant- Ankit, involved in Case Crime No. 151 of 2020, under section- 363, 366, IPC, Police Station - Sector 49, NOIDA, DistrictGautam Buddh Nagar, be released on bail, on his executing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-