Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2916 of 2019 Applicant :- Durgesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Durgesh seeking bail in Case Crime No. 201 of 2018, under Sections 363,366 IPC, P.S.Tiwaripur, District Gorakhpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under section 164 Cr.P.C. in which she has stated that her father was beating her as such she had gone to her aunt's house and hidden herself and thereafter she went in the house of Durgesh in order to conceal herself and after two hours returned back. It is further stated that her father has lodged false report and nobody has enticed her away or forcibly taken her away. Learned counsel for the applicant has next submitted that from perusal of the said statement, there is absolutely no allegation against the applicant.
It is lastly submitted that the applicant is in jail since 21.10.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Durgesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 22.1.2019 R