Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13203 of 2019 Applicant :- Bittu Opposite Party :- State Of U.P.
Counsel for Applicant :- Niraj Kumar Tiwari,Nanda Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Counter affidavit filed on behalf of State, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1177 of 2018, under Sections 328, 376-D, 506 I.P.C. & 66C and 66D I.T. Act, Police Station Katghat, District Moradabad.
Learned counsel for the applicant submits that according to first information report, victim has married with Veerpal and before two months of the marriage, it has been alleged that by administering some intoxicating substance, applicant Bittu and one Shivam made physical relation with the victim. They also made obscene photos and videos and used to blackmail the victim. When she did not oblige them, they made the same viral on whatsapp group by Mobile No.7455809814 and 9105945801 and the other accused Shivam also threatened to victim's husband on Mobile No.6396908953 by his Mobile No.9639014862. Learned counsel for the applicant submits that from the statement of the victim, it appears that there was love affairs between the victim and applicant but she got married with another person. Charge sheet has been filed after investigation but no such videos and obscene photos have been collected by the I.O. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 05.11.2018.
Per contra, learned A.G.A. vehemently opposed the bail prayer and submitted that the applicant has committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Bittu involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 30.5.2019 Jitendra