Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11690 of 2021 Applicant :- Abhay Opposite Party :- State of U.P. Counsel for Applicant :- Brij Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Anurag Dubey, Advocate has put in appearance on behalf of applicant and filed vakalatnama and the same is taken on record.
Heard Sri Anurag Dubey, learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 449 of 2020, under Sections 323, 504, 506, 498-A, 376 of I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, P.S. Kurawali, District Mainpuri.
It has been argued by the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is further argued that it is a case of family dispute and the victim has implicated the accused applicant with the allegation that the accused applicant had committed rape upon the victim and pressure was being built upon the victim to marry the accused applicant and the cooperation was being done in this act by other co-accused. It is further argued that the accused applicant is brother of the co-accused Shailendra with whom a matrimonial dispute is going on with the victim. The accused applicant is in jail since 14.12.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and has argued that the victim has supported the prosecution version in her statement under Section 161 & 164 Cr.P.C.
Looking to the aforesaid facts, it appears to be a family dispute, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Abhay involved in aforesaid crime be released on bail 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 8.4.2021 VPS