1. Heard Shri Laxmi Narayan Rathour, learned counsel for the applicant, learned AGA for the State-respondents and perused the record.
2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Ramkishor Alias Kishan Alias Ramkishan Alias Kakka, seeking enlargement on bail in Case Crime No. 115 of 2023, under Sections 363, 366 of the Indian Penal Code, Police Station - Ata, District - Jalaun.
3. Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 08.07.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. The victim out of anger had left her house and went to Delhi to her relatives. She has said nothing incriminating against the applicant in her statement recorded under sections 161 and 164 of Cr.P.C. Hence, bail has been prayed for.
4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents.
5. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
6. Accordingly, the bail application is allowed.
7. Let the accused-applicant, Ramkishor Alias Kishan Alias Ramkishan Alias Kakka, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.