Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33995 of 2019 Applicant :- Mahesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Pratap Pal Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri V.K. Pandey, learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 259 of 2018 u/s 354-A, 504, 506, 376-D IPC PS Bindiki District Fatehpur.
Contention of the learned counsel for the applicant is that initially the FIR has been lodged only under Sections 354-A and 506 IPC, however subsequently the allegation of rape has been made against the applicant. Further contention is that the applicant has been falsely implicated in the present case on account of previous enmity which has been mentioned in para 4,5 and 6 of the bail application. Contention is that applicant is in jail since 3.6.2019 with no criminal history and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, 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 Mahesh 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.
Order Date :- 22.8.2019 SP