Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36776 of 2018 Applicant :- Gajendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Das Yadav,Santosh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Counter affidavit filed today by learned AGA is taken on record.
By means of this application the applicant Gajendra Singh has prayed to release him on bail in Case Crime No. 369 of 2018, u/s 370, 366, 34 I.P.C., P.S. Aonla, District Bareilly.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, whereas F.I.R. was got lodged against Monu, Surendra and Bantoo. Role of enticing was assigned against them. Subsequently selling of prosecutrix to Monu for Rs. 60,000/- by them was reported. In the course of investigation name of accused-applicant is there in the statement u/s 161 Cr.P.C. but no accusation of rape is against him rather selling by four persons including accused-applicant to Monu has been said in it but in F.I.R. as well as statement of prosecutrix u/s 164 Cr.P.C. it was not there. Accused-applicant is of no criminal antecedent and is languishing in jail since last one year. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application..
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent that the prosecutrix was a married lady but was a deserted one and it was Mohit, who took her upon assurance of keeping her with him. Subsequently this trafficing was made by named accused persons, who were reported to have sell her to Monu. Subsequently in the statement of prosecutrix recorded u/s 161 Cr.P.C. this was added for selling her by Giriraj, Surendra, Gajendra and Kallu to Monu for Rs. 60,000/-, whereas no accusation of rape is there. In the statement of prosecutrix recorded u/s 164 Cr.P.C. the name of the accused-applicant is not there. Under all above circumstances, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Gajendra Singh, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.6.2019 Pcl