Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15892 of 2018 Applicant :- Chhangur Sahani Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mukesh Kumar Pandey, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the victim has stated in her statement recorded under section 161 Cr.P.C. that she left her house with her own free will and nobody was enticed her. It is further submitted that statement of victim under section 164 Cr.P.C. has been recorded on 16.02.2018 before concerned Magistrate and she has categorically stated that she left her house along with Rudal and reached to Lucknow, where she was caught by Lucknow Police and thereafter she has gone along with applicant to Punjab and both of them have performed their marriage in a temple and she is living with applicant from last two months. A copy of said statement has been annexed as Annexure No. 5 to the affidavit filed in support of bail application. It is further submitted that as per medical report the victim is major and there is no injury found on the body of the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 20.02.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Chhangur Sahani involved in Case Crime No. 16 of 2018, under Sections 363, 366, 504, 506 I.P.C., Police Station Hanumanganj, District Kushinagar 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:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.4.2018 Arti