The court allowed the bail application of Pawan @ Monu in a crime involving Sections 363 and 366 IPC. Relying on the victim's statement under Section 164 Cr.P.C. and absence of tampering risk, the applicant was granted bail on personal bond and sureties.
Released on bail on personal bond and two sureties.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4290 of 2020
Applicant :- Pawan @ Monu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Srivastava Counsel for Opposite Party :- G.A.,Saurabh Yadav
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Atul Kumar Srivastava, learned Counsel for applicant, learned AGA for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.343 of 2019, under Sections 363 and 366 I.P.C., Police Station Musajhag, District Budaun, 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 is further submitted that victim is consenting party. In statement under Section 164 Cr.P.C. she deposed that on 27.05.2019 at about 01:30 PM she went with Pawan on her own free will and she remained with him for about four days. He did not do anything wrong with her. She came back to her house after four days. Her father has falsely implicated him. Applicant is in jail since 08.12.2019. 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.
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, 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 Pawan @ Monu 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 :- 6.2.2020 I.A.Siddiqui
2 issues framed by the court
Whether the accused-applicant deserves bail given the nature of offences and victim's statement.
Whether the applicant poses a risk of fleeing or tampering with witnesses.
Pawan @ Monu
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
