Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33870 of 2019 Applicant :- Mahipal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Mayank Yadav, learned counsel for the applicant and Sri Mithlishe Kumar, learned AGA appearing for the State.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.86 of 2019, under Sections 376, 354-A, 323, IPC, Police Station Ahmadgarh, District Bulandshahr.
The contention of the leaned counsel appearing for the applicant is that the applicant has been falsely implicated in the present case as there was some dispute between the parties with regard to money. Initially the FIR was lodged only under Sections 354-A and 323 IPC, subsequently an allegation of rape has built up in the 164 Cr.P.C. statement of the victim and thereafter Section 376 IPC was added. The further contention is that the story as set up in the FIR is highly improbable. The applicant is a senior citizen aged about 66 years. The criminal history of the applicant of one case has been explained, in as much as, in the said case the applicant has already been acquitted. The applicant is in jail since 06.05.2019.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, 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 Mahipal Singh 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 with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 22.8.2019 VKG