Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7218 of 2019 Applicant :- Harendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Yadav,Sandeep Kumar Singh,Vagish Kumar Misra Counsel for Opposite Party :- G.A.,Chandra Kant Bharadwaj
Hon'ble Vikram Nath,J.
Today there is an illness slip of Sri Chandra Kant Bharadwaj, Advocate, appearing for the informant. Sri Jitendra Singh, Advocate, holding Brief of Sri Sandeep Kumar Singh, learned counsel for the applicant has strongly opposed the illness slip. Earlier also Sri Chandra Kant Bharadwaj, learned counsel for the informant had sent illness slips on 24.04.2019 and again on 15.05.2019, which is recorded in the order sheet. Order sheet further discloses that on 22.05.2019, Sri Chandra Kant Bharadwaj has again taken time and the matter was adjourned.
In view of the above the illness slip of Sri Chandra Kant Bharadwaj, learned counsel for the informant is ignored.
Heard Sri Sri Jitendra Singh, Advocate, holding Brief of Sri Sandeep Kumar Singh, learned counsel for the applicant and Sri Kunvar Ritesh Kumar, learned Brief Holder of the State.
Learned counsel for the applicant submitted that the victim has already married one of the co-accused Vinit Chauhan and is happily residing with him. The victim and Vinit Chauhan had appeared before this Court on 14.05.2019 in Criminal Misc. Writ Petition No.12990 of 2019 where she stated that she had married Vinit Chauhan of her own free will; that she was aged 19 years and that they are living happily together as husband and wife. On the said statement, the writ Court granted protection that the petitioners therein would not be arrested pursuant to the impugned FIR. It is further submitted that the applicant being named in the FIR, is in jail since 19.11.2018 for more than six months, whereas the victim and her husband are living happily together. On such submissions prayer for bail has been pressed.
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 applicant-Harendra, be released on bail in Case Crime No.345 of 2018, under sections 363, 366 IPC, P.S. Ahar, District Bulandshahar, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 31.5.2019 RPS