Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41223 of 2018 Applicant :- Akhilesh Kumar @ Munna Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Akhilesh Kumar @ Munna in connection with Complaint Case No. 434 of 2018 (S.T. No. 79 of 2018) under Section 376 IPC, P.S. Charkhari, District Mahoba.
Heard Sri Narendra Kumar Tiwari, learned counsel for the applicant and Sri M.P. Singh Gaur, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that the present prosecution has commenced on an Application under Section 156(3) Cr.P.C. at the behest the husband of the prosecutrix with whom there were issued with one Babulal. The application under Section 156(3) Cr.P.C. has lateron treated to be a complaint and proceeded with as such. The learned counsel for the applicant has invited the attention of the Court to the report of the police submitted to the Magistrate on the application under Section 156(3) Cr.P.C. It is indicated there that the husband of the prosecutrix is alcoholic whereas the prosecutrix would talk to co-accused Babulal over mobile that was ill-minded by her husband. It is on the said issue that on account of misunderstanding that Brajlal compelled the prosecutrix to lodge the present complaint and support the same against Babulal along with whom the applicant and another Vichar have been implicated. It is further argued that the entire prosecution case is based on malice of the prosecutrix's husband and animosity against Babulal. It is also pointed out that co- accused Babulal who is at the centrestage of the allegation, and, the main accused, has been admitted to the concession of bail by this Court vide order dated 04.10.2018 passed in Criminal Misc. Bail Application No. 36846 of 2018. As such the applicant is also entitled to bail on ground of parity.
Learned AGA has opposed the prayer for bail but does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the factum of parity but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Akhilesh Kumar @ Munna involved in Complaint Case No. 434 of 2018 (S.T. No. 79 of 2018) under Section 376 IPC, P.S. Charkhari, District Mahoba be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 29.10.2018 Deepak