Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14929 of 2018 Applicant :- Jasveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhan Kushwaha,Gajendra Singh Counsel for Opposite Party :- G.A.,Anurag Sharma
Hon'ble Dinesh Kumar Singh-I,J.
Counter affidavit has been filed and the same is taken on record.
Heard Sri C.B. Kushwaha, learned counsel for the applicant, Sri Mahesh Kumar, Advocate holding brief of Sri Anurag Sharma and Sri G.P. Singh, learned A. G.A. for the State.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 18 of 2018, under Sections 376 I.P.C., Police Station Kadarchauk, District Badaun during the pendency of trial.
It has been argued by the learned counsel for the applicant that accused-applicant has been falsely implicated due to earlier animosity because earlier on 16.1.2018, father of the accused- applicant had lodged a complaint against the husband of the informant and her Jeth regarding illegal sale of liquor in the locality. The present F.I.R. has been lodged with delay of 3 days. The accused-applicant is a married lady. No injury has been found to have been suffered by her as per medical examination nor on private part. Applicant is lying in jail since 27.1.2018. She has no criminal history. If he is released on bail, he would not misuse the liberty.
Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the prayer of bail but could not controvert the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Jasveer involved in 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 :- 31.7.2019 A.P. Pandey