Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55931 of 2019 Applicant :- Krishna Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Bheshaj Puri, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Krishna Gupta, with a prayer to release him on bail in Case Crime No. 2597 of 2017, under Sections 323, 376 IPC, Police Station Katra, District- Shahjahanpur, during pendency of trial.
Submission is that victim was divorcee and her family members went to the house of the applicant with the proposal of marriage. Father of the applicant came to know that victim has been divorced twice and she enters into marriage only for the purpose financial gains and divorces her husband and again enters into marriage with other boy. After coming to know the entire facts and the pressure of the family of the victim to marry the applicant to the victim, father of the applicant filed a complaint No.752 of 2019, under Sections 323, 504, 506, 452, 392, 490 IPC against the victim and her family members on 03.8.2017. The present case was registered by way of counter blast on 31.12.2017 by the victim herself. It has been submitted that allegation of affair and taking the victim to different place against the applicant after lodging of complaint case is incorrect. The victim is major. She has falsely implicated the applicant in this case. The applicant has no criminal history to his credit and he is languishing in jail since 18.11.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned counsel for the informant and learned A.G.A. have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the 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 :- 17.12.2019 Ruchi Agrahari