Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16248 of 2019 Applicant :- Manish @ Manes Opposite Party :- State Of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Victim is the real Tai (wife of elder brother of the father of the applicant). There was dispute between the father of the applicant and his elder brother regarding partition of the house. Husband of the victim had also extended threat to start criminal prosecution against the applicant. It appears improbable and unbelievable that applicant, who is the real cousin of the victim would commit such type of offence against her. It is next contended that age of the applicant is about 20 years but victim is aged about 65 years. At this juncture, learned counsel for the applicant referred to the statement of the victim recorded under Sections 161 & 164 Cr.P.C. and argued that the entire prosecution case is improbable, unblievable and concocted. The applicant has no criminal history. He is languishing in jail since 01.03.2019 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 entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of 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 Manish @ Manes involved in Case Crime No. 114 of 2019, under Section 376 IPC, P.S. Robertsganj, District - Sonbhadra 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 following conditions. Further, before issuing the release order, the sureties be verified.
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 :- 29.4.2019 Sanjeet