Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11745 of 2015 Applicant :- Balveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Anuj Bajpai,Brijesh Sahai,S.D. Dwivedi Counsel for Opposite Party :- Govt. Advocate Hon'ble Pradeep Kumar Singh Baghel,J.
The applicant is seeking bail in Case Crime No. 970 of 2014, under Sections 376Ka I.P.C. & 3/4 of P.A.C.S.O. Act, Police Station Tilhar, District Shahjahanpur.
It is contended on behalf of the applicant that he has been falsely implicated in the matter. The girl is 16 years old and in the medical examination it has been found that her hymen is intact. No injury has been found on her body. Hence, it is submitted that due to village party politics he has been falsely implicated in the matter. It is stated that the applicant has no criminal history.
Learned A.GA. has received the instructions, on the strength whereof he submits that the averment made in paragraph-13 of the affidavit is correct, wherein it is stated that the applicant has no criminal history.
I have heard learned counsel for the applicant and learned A.G.A. and perused the F.I.R. and other material on the record.
Having regard to the facts and circumstances of the case, I find that the applicant is entitled for the bail.
Let the applicant- Balveer, involved in Case Crime No. 970 of 2014, under Sections 376Ka I.P.C. & 3/4 of P.A.C.S.O. Act, Police Station Tilhar, District Shahjahanpur, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, on the following conditions:
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the Court and his personal presence shall not be exempted unless the Court itself deems it fit to do so in the interest of justice.
Accordingly, the bail application is allowed.
Order Date :- 30.3.2018 SKT/-