Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57583 of 2019 Applicant :- Gul Nawaj Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the victim is married woman aged about 16 years. The applicant is closely related to the victim. It has been submitted on account of dispute within the family, the applicant has been falsely implicated by the victim. No incriminating video has been recovered from the applicant by the Investigating Officer. The applicant is in jail since 28.11.2019 and has no criminal history to his credit.
Per contra, learned A.G.A. has opposed the bail application but has not disputed on the basis of the instructions, that any incriminating video has been recovered from the possession of the applicant by the Investigating Officer.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and 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- Gul Nawaj, be released on bail in Case Crime No. 331 of 2019, under Sections- 376, 506 IPC, Police Station- Nagina, District- Bijnor, be released on bail 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 :- 20.12.2019 Rohit