Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52634 of 2019 Applicant :- Mahaveer Rathor Opposite Party :- State of U.P.
Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Salman Ahmad, learned counsel for the applicant as well as Sri Vikash Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Mahaveer Rathor with a prayer to release him on bail in Case Crime No. - 95 of 2019, under Sections - 498-A, 323, 326 I.P.C. read with Section 3/4 D.P. Act, Police Station - Rampura, District - Jalaun, during pendency of trial.
3. Learned counsel for the applicant states that in exact similar allegations, co-accused Gabbar Singh and Smt. Suman have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 47325 of 2019 and 51055 of 2019, vide both orders dated 21.11.2019. Insofar as the present applicant is concerned, it has been submitted that though the applicant is the husband, however, looking at the nature of the allegations and the method in which the crime alleged to have been committed, the applicant is entitled to parity.
4. Learned AGA has opposed the above submission, on account of the fact that the applicant is the husband of the injured and in view of specific statements having been made against him.
5. Having heard learned counsel for the parties, there does not appear any difference in the nature of allegation made against Gabbar Singh and Smt. Suman. For the fact stated in those orders, the present applicant is also entitled for bail.
6. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Abhilash