Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31995 of 2019 Applicant :- Hori Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Tiwari Counsel for Opposite Party :- G.A.,Devi Dayal
Hon'ble Rajeev Misra,J.
Heard Mr. Dinesh Tiwari, learned counsel for the applicant and learned A.G.A. for the State.
This application for bail has been filed by applicant-Hori Lal seeking his enlargement on bail in Case Crime No. 69 of 2019 under Sections 376, 506 I.P.C. P.S.- Iradatnagar, District-Agra, during the pendency of the trial.
Perused the record.
In respect of one incident which is alleged to have occurred on 22.6.2019 an F.I.R. dated 23.6.2019 was lodged by Mukesh, husband of the victim on 23.6.2019 which was registered as Case Crime No. 0069 of 2019 under Sections 376, 506 IPC, P.S. Iradabnagar, District-Agra.
As per the prosecution story, as unfolded in the FIR it is alleged that the applicant committed criminality upon the victim, namely, Smt. Sanju Devi forcibly. One Neeraj, nanad of the victim, had also accompanied the victim to the field where both of them had gone to attend the call of nature. It is at this juncture thus the applicant is alleged to have committed criminality upon the victim after assailing the nanad of the victim.
Subsequent to the aforesaid FIR, the statement of the prosecutrix was recorded under Section 161 Cr.P.C. followed by her statement under Section 164 Cr.P.C.
Learned counsel for the applicant submits that the victim is major. According to the medical evidence her age is about 18 years. He further submits the applicant is innocent and has been falsely implicated in the above mentioned case crime number. The applicant is in jail since 25.6.2019. He also submits that the prosecution story is improbable and the medical evidence does not support the prosecution case.
He thus submits that the applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed the prayer for bail, however, he could not dispute the factual and legal submission made by the learned counsel for the applicant.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon consideration of the evidence on record as well as the complicity of the applicant but without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. Accordingly, the bail application of the applicant is allowed.
Let the applicant-Hori Lal be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 21.8.2019 Manish Tripathi