Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18209 of 2019 Applicant :- Mohit Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Rathore 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.
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. Although he is named in the FIR yet no role is assigned to the applicant to attract the offence under Section 376-D IPC. Referring to the role assigned to the present applicant in the FIR as well as in the statement recorded under Section 164 Cr.P.C., it is further submitted that only role of closing of mouth of the victim is assigned to the present applicant. The applicant has no criminal history. He is languishing in jail since 07.02.2019 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 Mohit involved in Criminal Case No. 1327 of 2019 arising out of Case Crime No. 18 of 2019, under Sections 376-D IPC, P.S. Madhogarh, District - Jalaun 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 :- 30.4.2019 Sanjeet