Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5078 of 2018 Applicant :- Balwant Singh @ Sharab Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Shri Kishore Gaurav Kulshrestha, Advocate appeared on behalf of the applicant and filed Vakalatnama which is taken on record.
Counter affidavit filed today by learned AGA is also taken on record.
Heard Shri Kishore Gaurav Kulshrestha, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. The F.I.R. of the incident has been lodged under order of the court passed under section 156(3) Cr.P.C. Further submission is that allegations made against applicant are false and frivolous. As a matter of fact, husband of the first informant/prosecutrix had taken Rs. 50,000/- as advance from applicant and when applicant pressurized him for its return, he got the present F.I.R. lodged with the aid of his wife. Further submission is that prosecution does not find support from the medical evidence as there is no adverse in it. Further submission is that eye witness account being of relatives of first informant is not reliable. Further submission is that applicant who is in jail since 09.08.2017 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that victim has supported the prosecution which is supported by independent witness also and there is no reason of false implication.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case specially the statement of first informant/victim in which she has supported the prosecution which is supported with independent witness also and there being no reason of false implication, I do not find it to be a case of bail.
The bail application of applicant Balwant Singh @ Sharab Singh in Case Crime No. 27 of 2017, under sections 376, 342, 506 I.P.C., P.S. Churkhi, District Jalaun is accordingly rejected.
Order Date :- 29.3.2018 Bhanu