Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56758 of 2019 Applicant :- Dr. Laxmikant Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Dubey,Om Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Raj Kumar, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Dr. Laxmikant, with a prayer to release him on bail in Case Crime No.25 of 2019, under Sections 376- D, 328, 506 IPC, Police Station Mahila Thana, District- Azamgarh, during pendency of trial.
Submission is that as per high school certificate, age of the victim is above 18 years on the date of incident and as per medical report, her age is 18 years. It has been submitted that victim eloped with co-accused, Santosh and entered into marriage with him. The victim was living with co-accused, Santosh, and in his absence, her family members came and they forcibly took her. Thereafter, co- accused, Santosh filed a complaint before the C.J.M., Azamgarh on 22.7.2019. He has also filed an application under Section 9 of Hindu Marriage Act being Case No. 696 of 2019 against the victim. It has been submitted that applicant has been falsely implicated by way of FIR dated 5.8.2019 by mother of the victim. It has been submitted that it is a case of false implication. The victim has given statement under Section 164 Cr.P.C. against the applicant under pressure of her family members. The applicant has no criminal history to his credit and he is languishing in jail since 09.9.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned counsel for the informant and learned A.G.A. have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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 :- 19.12.2019 Ruchi Agrahari