Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17933 of 2019 Applicant :- Lalbahadur @ Kariya Opposite Party :- State of U.P.
Counsel for Applicant :- Hasan Abbas,Swati Agrawal Srivastava,V.K. Baranwal Counsel for Opposite Party :- G.A.,Lokesh Kumar Mishra
Hon'ble Suresh Kumar Gupta,J.
Counter affidavit filed by the AGA is taken on record.
Heard learned counsel for the applicant, Sri Utkarsh Pandey, Advocate holding brief of Sri Lokesh Kumar Mishra, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. She further submits that the F.I.R. lodged by the informant against the applicant. On the basis of application dated 19.02.2018 U/s 156(3) Cr.P.C., the F.I.R. had been lodged on 07.05.2018 against the applicant as well as the one unknown person U/s 376D, 506 I.P.C., later on, on the basis of investigation, this case converted U/s- 376, 506 I.P.C. Learned counsel for the applicant submits that there is sixty days delay in moving the application under Section 156(3) Criminal Procedure Code before the A.C.J.M., but no explanation regarding such inordinate delay given by the prosecution.The victim is married lady and is aged about 26 years. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 22.01.2019 and the applicant having no criminal antecedent.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Lalbahadur @ Kariya involved in Case Crime No.86 of 2018, under Sections- 376, 506 I.P.C., P.S. Jalalpur, District– Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed of. Order Date :- 26.11.2019 C. MANI