Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34445 of 2019 Applicant :- Devesh Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Shukla,Gopal Swarup Chaturvedi(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri R.N. Singh, Advocate has filed his Vakalatnama on behalf of the informant, is taken on record.
Heard learned counsel for the applicants, learned counsel for the informant and learned A.G.A. for the State.
This is a bail application on behalf of the applicants in connection with Case Crime No. 170 of 2019, under Sections 406, 419, 420, 467, 468, 471, 342, 323, 504, 506, 120-B I.P.C., P.S. Etmadpur, District Agra.
The contention of the learned counsel for the applicants are quite innocent and have been falsely implicated in the present case. He further submitted that nothing incriminating has been recovered from the possession of the present applicants. He further submitted that the applicants were not given any money by the informant for providing her job and no specific role has been assigned to the applicants by the victim in her statement recorded under Section 164 Cr.P.C. and allegation of rape is levelled against co-accused Chandraveer. Lastly, he submitted that the applicant No.2 has no criminal history and criminal history of one case is alleged against applicant No.1, in which he has been granted bail by a competent court. He further submitted that the applicants are languishing in jail since 26.06.2019 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the informant vehemently opposed the prayer of the bail but could not dispute the factual submission made by learned counsel for the applicants.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Devesh Singh and Manoj be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission.
v) The applicants 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.8.2019 Abhishek Singh