Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57603 of 2019 Applicant :- Manoj Opposite Party :- State of U.P.
Counsel for Applicant :- Nirmal Kumar Chaturvedi,Narendra Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Arvind Agrawal, learned counsel for the informant and learned A.G.A. for the State and perused the record.
It has been submitted that the victim is a married woman. She has admitted marrying the applicant on her own will. However she alleged that after a marriage she came to know that the applicant was earlier married to another woman and had a child from wedlock. Thereafter she has implicated the applicant.
Counsel for the applicant has pointed out to the statements of the independent witnesses wherein they have stated that the affair of the applicant with the victim was continuing for a long time. The mama of the victim had lodged an FIR as Case Crime No. 223 of 2018 under Sections 363, 366 IPC earlier wherein the statement of victim was recorded and on her statement that she wants to live with the applicant the case was closed. Now the victim herself has lodged the FIR against the applicant. The applicant is in jail since 22.07.2019 and has no criminal history except the earlier case stated above.
Per contra, learned counsel for the informant, Sri Arvind Agarwal, has vehemently opposed the bail application along with learned A.G.A. and has submitted that the victim were cheated by the applicant and when she came to know that she has been cheated and the applicant is already married, she left the company of the applicant and came back. Thereafter she has lodged the FIR.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Manoj, be released on bail in Case Crime No. 54 of 2019, under Sections- 376, 323 IPC, Police Station-
Linepar, District- Firozabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2019 Rohit