Granted bail to Shivbaran Prajapati in a rape and cheating case. Court noted delayed FIR filing and lack of prior criminal history, ordering a personal bond and sureties with standard conditions.
Released on bail with optional bond and two local sureties subject to conditions against tampering with evidence or witnesses.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40222 of 2022
Applicant :- Shivbaran Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Pandey Counsel for Opposite Party :- G.A.,Bhupendra Kumar Pandey
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Om Prakash Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
This Court record the absence of Sri Bhpendra Kumar Pandey for the original informant.
I have been shown the medical report by the Counsel for the State which is against the prosecutrix. Prima facie, as the F.I.R. is lodged after 3 months, Shivbaran Prajapati alias Shiv be enlarged on bail.
The present bail application has been filed by the applicant Shivbaran Prajapati with a prayer to enlarge him on bail in Case Crime No. 714 of 2021, under Sections 376/452/384/506 I.P.C., Police Station Mauaima, District Prayagraj.
Learned counsel for the applicant has submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant - Shivbaran Prajapati involved in 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:-
(i) The applicant shall not indulge in any criminal activity. (ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.9.2022
Irshad
Digitally signed by IRSHAD AHMAD SIDDIQUI Date: 2022.09.29 17:55:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
whether the applicant is entitled to bail in an offence under Sections 376/452/384/506 I.P.C.
Shivbaran Prajapati
Dr. Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
