Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57567 of 2019 Applicant :- Bhole Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that it is a case of false implication. The age of the victim as per medical report is 23 years. The first information report has been lodged by the Mama of the victim. The victim in her statement under Section 164 Cr.P.C has stated that her Mami tutored her and accordingly, she gave her statement under Section 164 Cr.P.C. It has been submitted that the father of the applicant had given Rs.65,000/- to the Mama of the victim in her marriage, which he did not returned. When the father of the applicant demanded his money back, Mama of the victim felt insulted before the persons of the village and falsely implicated the applicant. The applicant is in jail since 25.07.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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 applicant, Bhole, involved in Case Crime No.195 of 2019, under Sections 376D, 506, 328 IPC, Police Station Aurangabad, District- Bulandshahar 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 20.12.2019 SS