Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56818 of 2019 Applicant :- Gunjan Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Gunjan Yadav, with a prayer to release him on bail in Case Crime No.616 of 2019, under Sections 376, 506 IPC, Police Station Mughalsarai, District- Chandauli, during pendency of trial.
Submission is that victim is major and married woman. The applicant had friendship with the victim prior to her marriage. It appears that after marriage, he went to her matrimonial home. Thereafter some dispute took place between the victim and her husband. The victim has made allegation of rape against the applicant in her statement under Section 164 Cr.P.C. under the pressure of her husband. She has falsely implicated the applicant in the case at the behest of her husband. The applicant has no criminal history to his credit and he is languishing in jail since 07.11.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has 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