Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3997 of 2019 Applicant :- Akbal Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Prabhakar Dubey, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Akbal in Case Crime No.1331 of 2017, under Sections 147, 323, 354A, 452, 504, 506 I.P.C. and 7/8 of POCSO Act, Police Station Jogiya Udaipur, District- Siddharth Nagar with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The marriage of the applicant's son was solemnized with the daughter of the first informant and as they could not go along, divorce has taken place about three years' back. No such incident as alleged by the first informant has taken place and on account of existing enmity the applicant has been falsely implicated in the present case. He has further submitted that the injuries sustained by the first informant are simple in nature. The first informant has suppressed the genesis of the incident. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 19.12.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Akbal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.1.2019 MN/-