Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32096 of 2018 Applicant :- Anand Varshney Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, Sri R.B. Saxena, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 245 of 2017, u/s 147, 323, 354, 504, 506, 376, 511 IPC, P.S. Sasni Gate, District Aligarh with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the alleged victim is aged about 22 years, she lodged F.I.R. with inordinate delay after three days of the incident in which there is only allegation of outraging modesty by the applicant, his son and 5-6 unknown miscreants, she was not even medically examined. The victim has reiterated version of F.I.R. in her statement u/s 164 Cr.P.C. It is argued that the victim is a characterless lady. The applicant is in jail since 21.7.2018. Learned counsel for the applicant states that the co-accused Prashant Varshney, who is son of the applicant, has already been enlarged on bail by this Court in Crl. Misc. Bail Application no. 31655 of 2018. The participation of the applicant, who is an aged man about 62 years is doubtful.
Learned counsel for the informant has opposed the prayer for bail and submitted that the applicant is a criminal and has criminal history of six cases and was also involved for the offence u/s 302 IPC to which counsel for the applicant states that he has been bailed out for the offence u/s 302 IPC and other cases which are mainly related to offence of alleged cheating etc. as the applicant is engaged in the business of money lending.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Anand Varshney involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.8.2018 Dhirendra/