Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40795 of 2018 Applicant :- Anil Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Arjun Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Anil Pal seeking bail in Case Crime No. 632 of 2018, under Sections 498A,323 IPC, and 3/4 of D.P. Act. P.S. Thariyon, District Fatehpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of matrimonial discord. It is next contended that though there are allegation of physical assault but the victim has not received any injury and she has not been medically examined. The applicant is in jail since 8.9.2018.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Anil Pal 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.10.2018 R