Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29958 of 2019 Applicant :- Ankit Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri S.K. Pandey, learned counsel for the applicant, Sri Onkar Singh, learned counsel for the complainant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Urge made on behalf of the applicant is confined to the ambit that previously, the father of the informant of this case had committed rape upon the sister of the present applicant, due to which false case was concocted and fake medical report was obtained in collusion with the doctor and police. No such incident ever took place. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 16.05.2019.
Learned counsel for the complainant has vehemently opposed the prayer for bail by submitting that very nature of the injury caused to the victim itself is indicative of fact that acid attack was made which injured the victim as well as persons who came to the rescue of the victim and there is nothing on record which may show that injuries caused to the victim are self suffered injuries.
Learned A.G.A. has adopted the contention of the learned counsel for the complainant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Ankit involved in Case Crime No.72 of 2019, under Section 326A I.P.C., Police Station Bhaura Kala, District Muzaffarnagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the condition with the following conditions;
(i) The applicant will cooperate with the proceeding before the trial court.
(ii) The applicant will appear before the trial court on the date fixed before the trial court.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.7.2019 rkg