Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54846 of 2019 Applicant :- Aakash Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Jee Saxena,Raghuvansh Chandra Counsel for Opposite Party :- G.A.,Ali Hasan
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Ali Hasan, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Aakash Sharma, with a prayer to release him on bail in Case Crime No.425 of 2019, under Sections 376, 377, 323, 504, 506 IPC, Police Station Brahmapuri, District- Meerut, during pendency of trial.
Submission is that victim is married woman and is not happy with her husband. The allegation against the applicant is that he promised the victim that he will marry her and on his instigation, she has filed case for divorce against her husband. Divorce has yet not been granted to her. The victim has lodged FIR that applicant refused to marry her. Learned counsel for the applicant has submitted that victim is aged about 38 years and the applicant is aged about 23 years. Therefore, there cannot be any question of promising the victim about marriage. It has further been submitted that victim has falsely implicated the applicant in this case. He never made any such promise to the victim. Only to pressurize the applicant, she has lodged the the FIR. The applicant has not criminal history to his credit. The applicant is languishing in jail since 26.9.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has also opposed the prayer for bail of the applicant and has submitted that threat is being extended to the family of the victim and in case the applicant is enlarged on bail, he will cause trouble for victim.
The applicant is directed to be released on bail in the aforesaid crime for the period of three months on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
In case applicant abuses the bail, the informant shall be at liberty to file bail cancellation application or inform this Court about the same on the next date fixed.
After being released on bail, applicant will prove his bona fide regarding marriage with victim and inform the Court about what happened between the applicant and victim.
Put up this case on 17.3.2020 as a fresh case.
Order Date :- 18.12.2019 Ruchi Agrahari