The Court allowed a bail application filed by Jaipal, accused under Sections 364 and 120-B IPC. Considering the lack of victim statement under Section 164 CrPC and the applicant's cooperation, bail was granted subject to sureties and conditions.
Released on bail on furnishing a personal bond and two heavy sureties, each in a like amount.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8057 of 2020
Applicant :- Jaipal Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and have been falsely implicated in the present case. He has not committed the present offence. Though applicant is named in F.I.R. yet nothing was stated by the victim against him in her statement recorded under Section 164 CrPC. It is further submitted that in the rediological examination victim was found aged about 18 years. Referring to entire evidence collected during investigation it is submitted that if entire evidence is taken into consideration, then also only offence under Section 120-B IPC may be attracted against the applicant. Applicant has no criminal history. He is languishing in jail since 27.12.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Jaipal involved in Case Crime No. 81 of 2019, under Sections 364, 120-B IPC, P.S. Matsaina, District - Firozabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 26.2.2020/safi
1 issue framed by the court
Whether the applicant is entitled to bail under Sections 364 and 120-B IPC.
3 provisions across 2 enactments
Jaipal
Om Prakash-VII
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
