Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48171 of 2017 Applicant :- Bhanu Pratap Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Tripathi,Aacharya Rajesh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 525 of 2017, under Sections 377, 504, 506 IPC and 5/ 6 PASCO Act, P.S. Maudaha, District Hamirpur.
Learned counsel for the applicant contended that the applicant has been falsely implicated by the informant on the dictate of Gram Pradhan, against whom, the applicant's brother has been leading agitation for irregularities in the construction of toilets and other works under Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA). He has also brought on record the application given to the Commissioner in this regard dated 19.09.2017. It is contended that the FIR has also filed after two days i.e. after much deliberation and thought given as to how to implicate the applicant. It is further contended that there is no previous criminal history to the credit of the applicant. It is further contended that the applicant is languishing in jail since 06.10.2017.
On contrary, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case and the argument advanced by learned counsel for the applicant and the fact that applicant has no previous criminal history and further the FIR is delayed one for which no explanation is forthcoming, and at the same time without going into the merits of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Bhanu Pratap Singh involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, the State will be at liberty to move for cancellation of bail.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 28.3.2018/IrfanUddin