Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14466 of 2019 Applicant :- Chhatra Pal Gangwar Opposite Party :- State Of U.P. Counsel for Applicant :- Bheshaj Puri Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Chhatra Pal Gangwar has prayed to release him on bail in Case Crime No. 382 of 2018, u/s 354C, 328, 323, 506, 379, 376 I.P.C., P.S. Sungarhi, District Pilibhit.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, whereas prosecutrix was major aged about 19-20 years as was held in the medical examination report and under her own volition she was with physical relationship with accused-applicant and the F.I.R. has been lodged with ulterior motive. Accused-applicant is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application..
Considering the rival submissions and gone through the material placed on record it is apparent that the prosecutrix has been held to be of 19-20 years of age in the medical examination report submitted by Medical Board. She was in contact with accused-applicant since two years and prior to this report there has been repeated physical relationship with her but she never raised any protest or lodged any report. Under all above facts and circumstances, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Chhatra Pal Gangwar, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 31.5.2019 Pcl