Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46020 of 2017 Applicant :- Durgesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
According to the prosecution case, the incident took place at 3.30 P.M. on 31.5.2017 and F.I.R. was lodged at 4.45 P.M. on the same day under Section 377 I.P.C..
Learned counsel for the applicant contended that the applicant has falsely been implicated in the case due to enmity and rivalry in the village and in fact the applicant is the resident of the same village and neither he has done any unnatural sex nor the incident has taken place in the alleged manner. He has no criminal history. Lastly he submitted that the applicant is in custody since 01.06.2017 and he undertakes that he will not misuse liberty of bail, if he is released on bail.
On the other hand, learned A.G.A opposed the prayer for bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Durgesh involved in Case Crime No. 171 of 2017, under Section 377 IPC and Section 3/4 Protection of Children From Sexual Offence Act, 2012, P.S. Brijmanganj, District Maharajganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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 he is accused, or suspected of the commission, of which he is suspected.
5. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 29.11.2017 Asha