In a bail application under Sections 363 and 366 I.P.C., the court allowed the applicant to be released on bail after considering his innocence, lack of criminal history, victim's age, and medical reports, imposing standard bail conditions.
Applicant Yogesh released on bail subject to personal bond, two sureties, and undertaking to abide by court conditions.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3947 of 2020
Applicant :- Yogesh Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.692 of 2019, under Sections 363 and 366 I.P.C., Police Station Etmaddaula, District Agra, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake. It has further been submitted that the victim is major. In statement under Section 164 Cr.P.C. victim did not level any allegation against the applicant. Applicant is in jail since 24.11.2019 having no criminal history. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. opposed the prayer for bail but did not disputed the factual submissions made by the learned counsel for the applicant and submitted that applicant has enticed away the minor daughter of Informant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, age of victim, medical report of victim, statement of victim under Section 164 Cr.P.C. and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Yogesh be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 29.1.2020 I.A.Siddiqui
2 issues framed by the court
Whether the applicant deserves bail under Sections 363 and 366 I.P.C. considering circumstances such as innocence, victim age, and lack of criminal history.
Whether the severity of punishment and age of victim are adequate grounds to deny bail despite the nature of offences.
Yogesh
Rajendra Kumar
As recorded by the court registry
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