Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7395 of 2019 Applicant :- Manish Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogendra Misra Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the material available on record.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. He further submitted that applicant and driver of Max vehicle namely Rajnish Kumar, both are resident of same village. He further submitted that driver, Rajnish Kumar, went to the house of applicant and nephew of the driver, Manish was present in the house of informant after some time the applicant entered into the house of informant for moving to Aligarh and he saw that informant and driver, Rajnish, were in compromising position. He further submitted that applicant at once returned from the house of the informant and went to his house. He further submitted that due to afraid of defame and insulting, informant lodged false and fabricated F.I.R. under pressure of driver, Rajnish Kumar. He further submitted that informant is a widow aged about 48 years and age of the applicant is about 21 years. He further submitted that in medical examination no marks of injury was found on the body of informant as well as no spermatozoa was found in the pathological examination. He further submitted that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 12.12.2018.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, and without expressing any opinion, I am of the view that it is a fit case for granting bail to the applicant.
Let the applicant Manish Kumar involved in Case Crime No. 494 of 2018, under Section 376 I.P.C., P.S. Jasarana, District Firozabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed of.
Order Date :- 28.2.2019 Vibha Singh