Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25077 of 2019 Applicant :- Mahendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Subodh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Submission of the learned counsel for the applicant is that although applicant is named in the FIR but offence under Section 376 IPC is not attracted against him. At this juncture learned counsel appearing for the applicant referred to the contents of the FIR, statement recorded under Section 161 and 164 Cr.P.C. and further argued that there is contradiction in the statement of the victim recorded under Section 161 and 164 Cr.P.C. about the presence of her husband. FIR was lodged on the basis of application under Section 156 (3) Cr.P.C. Prosecution case is not supported by medical evidence. Applicant is residing in Chandigarh in connection with his livelihood. He was not present on the spot. He was named in the FIR due to property dispute. Co-accused Suresh Kumar has been granted bail by this Court on 28.5.2019 in Criminal Misc. Bail Application No. 22307 of 2019. The applicant has no criminal history. He is languishing in jail since 28.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mahendra involved in Case Crime No. 16 of 2019 (State Vs. Mahendra and others), under Sections 452, 376 (D) I.P.C., P.S. Mainather, District Moradabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.6.2019 Sachdeva