Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30858 of 2018 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sufia Saba,Ram Singh Kushwaha,Sayeed Saif Ullah Counsel for Opposite Party :- G.A.,Chandra Bhan Dubey,Umesh Kumar
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that there was relationship of friendship between the informant and the applicant. On the refusal of marriage with the victim, applicant has been falsely implicated in this case. The applicant is in jail since 17.04.2018 and he has no criminal history to his credit. The medical report does not supports the prosecution case. She has been found to be aged about 16 years.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove and the material brought on record, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Dharmendra, be released on bail in Case Crime No. 102 of 2018, under Section- 376 I.P.C. & 3/4 Protection of Children from Sexual Offences Act, Police Station- Mansoorpur, District- Muzaffar Nagar, 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 which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.7.2019 Rohit