Hon'ble Deepak Verma, J. allowed a bail application filed by Deepak Kanaujiya in a criminal case involving Sections 376 IPC. The applicant was released on a personal bond and two local sureties on conditions including not tampering with evidence and cooperating in the trial.
Release on bail with a personal bond and two local sureties subject to conditions.
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Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22433 of 2022
Applicant :- Deepak Kanaujiya Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A.,Markande Singh Yadav
Hon'ble Deepak Verma,J.
Supplementary affidavit filed today by Sri Kamlesh Kumar Yadav, learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 43 of 2022, registered under Sections 376 IPC, Police Station Sadiyabad, District Ghazipur during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation against the applicant in the FIR is that the under the influence of the applicant the victim has dissolved her two marriages. It is next submitted that the applicant had promised victim to marry but is not marrying with victim is cause of FIR. It is further argued that the victim is major and the FIR lodged is on baseless ground. The statement under Section 161 and 164 Cr.P.C. are the same as stated in FIR. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 14.3.2022.
Per contra, learned A.G.A. as well as learned counsel for the informant opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., medical report regarding age of the victim and evidence
on record regarding complicity of the accused and the view laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.
Let the applicant- Deepak Kanaujiya , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 4.7.2022
Deepika
Digitally signed by DEEPIKA SINGH Date: 2022.07.05 13:23:04 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant bail in the present case under criminal Misc. Bail Application No. 22433 of 2022.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶11
(2018) 3 SCC 22 · Who else cites this
Deepak Kanaujiya
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
