Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23380 of 2019 Applicant :- Kamlesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Kashi Nath Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Kashi Nath Singh Yadav, learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Kamlesh Yadav with a prayer to enlarge him on bail in Case Crime No.10 of 2019, under Sections 323, 506, 344, 366, 376, 120-B, 494 I.P.C., Police Station Sadat, District Ghazipur.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that as per statement under Section 164 Cr.P.C. though the prosecutrix has made allegations of being sexually assaulted by the applicant but she has also stated that the applicant wanted to marry her and she went to meet him after being called by the applicant. It is argued that the parents of the prosecutrix are not ready and willing to solemnize the marriage between applicant and the prosecutrix, but the applicant was ready and willing to marry her and keep her as his wife. However, she also accepted her marriage with the applicant. The parties are consenting. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 02.03.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
(v) The applicant is directed to deposit Rs.50,000/- in a nationalized bank in interest bearing scheme in the name of the prosecutrix within two months from the date of release. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(vi) In case after being released the applicant does not bring the prosecutrix back and accepts her as his wife, the prosecutrix is at liberty to move an application before the court concerned, who shall consider the same and pass a speaking order on the said application.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court 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 :- 6.6.2019 Anand Sri./-