Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3960 of 2019 Applicant :- Arun Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav,Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Amit Daga, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 0053 of 2018, u/s 363, 366, 376/34, 506 IPC, P.S. Tahbarpur, District Azamgarh with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case by the first informant, who has suppressed the real genesis of the entire episode; it is stated that actually as per the high school certificate, the victim is aged about 19 years and her date of birth is 4.4.1999; infact the applicant and the victim both are major and victim had gone with the applicant of her own free will then they solemnized marriage; both of them came back to the house of the applicant, however, the family members of the applicant thought it proper to take the victim to the police station, when she was produced before the concerned police station she stated that a false F.I.R. has been lodged by her father and she was not kidnapped by anyone; the said information was taken down in G.D. no. 22 dated 5.6.2018 at 2.50 pm. It is stated that later on the victim came in touch with the parents and then under their influence she has levelled allegation against the applicant, his real brother and other family members; He further submitted that though other accused have been named by the victim in her statement, however, after thorough investigation nomination of other accused found false and the I.O. exonerated them, however, the applicant has been challaned only because he has solemnized marriage with the victim. The applicant is in jail since 30.10.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
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 Arun Yadav 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 :- 29.1.2019 Dhirendra/