Court allowed bail to Anand Kumar Patel accused under Sections 376 and 506 IPC. Bail granted on personal bond and sureties subject to conditions of not tampering with evidence, remaining at disposal, and cooperating in trial.
Release on bail on executing personal bond and two reliable sureties in the like amount subject to specified conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32166 of 2021
Applicant :- Anand Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pal,Kunjesh Kumar Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Anand Kumar Patel, in Case Crime No.146 of 2021, under Sections 376, 506 IPC, Police Station Sarai Inayat, District Prayagraj.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 01.05.2021; he is of no criminal antecedent, there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence bail has been prayed for.
The First Information Report was delayed by one month all through no complaint was made. The prosecutrix is 45 years of age; the applicant is a student; relationship is of close degree. Brother of the prosecutrix, her kids were inside the house but none of them supported the case of prosecution.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Anand Kumar Patel , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 23.12.2021 Shahroz
1 issue framed by the court
Whether bail can be granted to the applicant accused of offences under Sections 376 and 506 IPC considering his clean antecedent and lack of likelihood of tampering with evidence.
Anand Kumar Patel
Ram Krishna Gautam
As recorded by the court registry
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