Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25081 of 2019 Applicant :- Ankush And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
Submission of the learned counsel for the applicants is that applicants are innocent and have not committed the present offence. FIR was lodged by the victim herself on the day of incident for the offence under Sections 323, 504, 506, 376 read with Section 511, 354 IPC. Prosecution case is not supported by the medical evidence. FIR was lodged due to village rivalry. Offence under Section 376 read with Section 511 IPC is not attracted. At this juncture learned counsel for the applicant referred to the contents of the FIR, statement recorded under Section 161 and 164 Cr.P.C. and further argued that applicants are in jail since 21.5.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants Ankush and Tinku involved in Case Crime No. 589 of 2018, under Sections 323, 504, 506, 376, 511, 354 I.P.C., P.S. Kithor, District Meerut be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions :
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.6.2019 Sachdeva