Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33756 of 2019 Applicant :- Komish Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Manish Kumar Pandey, learned counsel for the applicant and Ms. Sanyukta Singh, learned AGA appearing for the State.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.191 of 2019, under Sections 376-D, 377, 506, IPC, and Section 67 of Information Technology, Police Station Nauganva Sadat, District Amroha.
The contention of the leaned counsel appearing for the applicant is that the applicant has been falsely implicated in the present case; that the victim is an educated person, she has done B.ed degree and she is 27 years of age. Further contention is that the girl was in a consensual relationship with applicant. The further contention is that the girl is already married with somebody else (One Ravi Prakash), with whom she was pregnant, even otherwise the contents of FIR is self explicit. The applicant is in jail since 23.06.2019 with no previous criminal history.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Komish involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 22.8.2019/VKG