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Allahabad High Court · body

2015 DIGILAW 1440 (ALL)

Banti @ Bantu Gupta v. State of U. P.

2015-05-29

BALA KRISHNA NARAYANA

body2015
JUDGMENT Bala Krishna Narayana, J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. 2. By means of this application, the applicant who is involved in Case Crime No. 109 of 2014, under sections 363, 376 and 511 I.P.C., P.S. Makkhanpur, district-Firozabad and is in jail since 13.5.2014, is seeking enlargement on bail during the trial. 3. This is the third bail application of the applicant. The second bail application of the applicant was rejected by this Court by order dated 9.12.2014 passed in Criminal Misc. Bail Application no. 38250 of 2014. 4. Learned counsel for the applicant submitted that while rejecting the second bail application of the applicant by order dated 9.12.2014 this Court had directed the trial court concerned to conclude the trial of the applicant within a period of two months from the date of production of certified copy of this order. The certified copy of the order was filed by the applicant's counsel before A.C.J (J.D.), Firozabad on 2.1.2015 where the concerned case is pending but till date the trial has not concluded while the applicant continues to languish in jail for the last one year. He also drew the attention of this Court to the statement of the prosecutrix, Kanchan Sharma recorded under section 164 Cr.P.C. and submitted that she had failed to support the prosecution case. He also referred to the medical report of the prosecutrix, in which the Doctor who had examined her had opined that the prosecutrix as per medical opinion was about sixteen years old at the time of occurrence. The law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the prosecutrix being major cannot be ruled out 5. He lastly submitted that the applicant, who is in jail since 13.05.2014 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial. 6. The prayer for bail has been vehemently opposed by learned A.G.A. However, he has not disputed that fact that the trial of the applicant has not concluded till date. 7. 6. The prayer for bail has been vehemently opposed by learned A.G.A. However, he has not disputed that fact that the trial of the applicant has not concluded till date. 7. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. 8. Let the applicant, Banti @ Bantu Gupta be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 109 of 2014, under sections 363, 376 and 511 I.P.C., P.S. Makkhanpur, district-Firozabad subject to the following conditions: - (a) The applicant shall attend the court according to the conditions of the bond executed by him. (b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.