Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7785 of 2019 Applicant :- Mahesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today is taken on record.
The present bail application has been filed by the applicant- Mahesh with a prayer to enlarge him on bail in Complaint Case No. 214 of 2018, under Section 376 IPC, police station Jarif Nagar, district Budaun.
Heard Shri Pankaj Satsangi, learned counsel for the applicant and Shri O.P. Mishra, learned A.G.A for the State and perused the record.
It has been argued by the learned counsel for the applicant that the victim is daughter-in-law of the applicant. The applicant is aged about 62 years old and has six sons and two daughters and they stay as joint family. The victim was married to the second son of the applicant whose marriage was solemnized nearly twelve years ago. It is stated that the present FIR has been lodged due to property dispute as the applicant has an intention not to give proper share to the husband of the victim. Though, there are allegation of commission of rape upon the victim, but the same has not been corroborated by the medical. The incident is said to have happened near house and it appears improbable story that no family member was present at the time of incident. Prior to this incident even after passage of twelve years of marriage there is no complaint by any member of the family or any of the daughter-in-law with respect to conduct of the applicant. The applicant has no criminal history and has been in jail since 20.9.2018.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 27.2.2019 Sumaira