Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2643 of 2019 Applicant :- Ajay Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Vilas Mishra,Brijesh Kumar Gautam,Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused- applicant- Ajay, who is involved in case crime no. 218 of 2018 under Section 376, 506 I.P.C., 3(2) V SC/ ST Act and 67 I.T Act, Police Station- Simbhawali, District- Hapur.
Submission of the learned counsel for the applicant is that he is innocent and has falsely been implicated in the case; that the FIR has been lodged pursuant to the order passed in application filed under Section 156(3) Cr.P.C. against five persons including applicant after delay of four months without any reasonable explanation; that in the medical examination no injury was found by the doctor on the body of the victim, who is major; that during investigation I.O collected some audio recording containing conversation between victim and the accused applicant, (typed copy is at Annexure-10) and after going through finds that it is a matter of love affairs, therefore, exonerating other four accused persons submitted charge sheet only against the applicant under Section 376 I.P.C. and the offense under Section 376-D was not found during course of investigation. It is lastly contended that the accused applicant is languishing in jail since 27.9.2018 having no previous criminal history.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
2. 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 :- 31.7.2019 Fhd.