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Vijay Kumar Patel vs State Of U.P. on 7 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 5765 of 2020

Applicant :- Vijay Kumar Patel

Opposite Party :- State of U.P.

Counsel for Applicant :- R.V. Pandey

Counsel for Opposite Party :- G.A.

Hon’ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

Accused-applicant, involved in Case Crime No.285 of 2019, under Section 377 I.P.C., Police Station Industrial Area, District Prayagraj, applied for bail.

Learned counsel for the applicant submits in following manner :-

(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.

(ii) According to prosecution case, it is stated that on 28.11.2019 at about 10:30 PM, accused-applicant committed unnatural intercourse with cow. The incident was witnessed by Ramesh Chandra Shukla.

(iii) The applicant has not been arrested on spot, therefore, he has no concern with the present case. There is no medical report to support the prosecution case.

(iv) Applicant is in jail since 29.11.2019 having no criminal history. 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.

Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that one mobile and belt of accused-applicant has been recovered from the spot which was taken by informant.

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, allegation against the applicant, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.

Accordingly, bail application is allowed.

Let applicant Vijay Kumar Patel 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:-

1. The applicant shall not tamper with the evidence or threaten the witnesses.

2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

3. During trial, he shall not indulge in any criminal activities or case.

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 :- 7.2.2020 / Manoj

 

 

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