Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57118 of 2019 Applicant :- Bhonu @ Svayanbar Opposite Party :- State of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Chandra Shekhar Pandey, learned counsel for the informant and learned A.G.A. for the State and perused the record.
The submission is that the applicant is the father-in-law of the victim. It has been submitted that on account of matrimonial dispute of the victim with the entire family members of the applicant. He has been falsely implicated in this case. The applicant alleges false implication in this case by the victim. The applicant is in jail since 06.10.2019 and has no criminal history to his credit.
Per contra, Sri Chandra Shekhar Pandey, counsel for the informant has put in appearance on behalf of the informant and has stated that the dispute has been settled between the parties outside the court. He has stated that he has no objection in case the applicant will enlarged on bail.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Bhonu @ Svayanbar, be released on bail in Case Crime No. 127 of 2019, under Sections- 376, 323, 504, 506 IPC, Police Station- Jigna, District- Mirzapur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.12.2019 Rohit