Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30620 of 2019 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 426/2019, under Section 3,4,5,6,7/8 of Immoral Traffic Prevention Act, 1956 and Sections 342 and 294 IPC, P.S. Sadar Bazar, District Saharanpur with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive; that there is no independent witness of the alleged incident. It was stated that as per prosecution version, the alleged immoral trafficking was going on at the house of co- accused Poonam and that the applicant was not involved in any such activities. It has been lastly argued that the applicant is languishing in jail since 26.06.2019, having no criminal history and that in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Dharmendra involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of 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 commit an offence similar to the offence of which applicant is accused.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 A. Tripathi