Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22315 of 2016 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sri Narayan Mishra,Kailash Prasad Pandey,Santosh Kukmar Tiwari,Satendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Kailash Prasad Pandey, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 618 of 2016, under Sections 366, 376, 504, 506 IPC, Police Station Kotwali, District Shahjahanpur.
3. It is contended that girl has gone with applicant with her consent and after marriage of applicant with another girl false First Information Report has been lodged and in the statement the victim, who herself is Informant, has improved her statement. The entire prosecution story is false and fabricated. Applicant is innocent and there are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertake to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 02.03.2016 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Mukesh Kumar, involved in Case Crime No. 618 of 2016, under Sections 366, 376, 504, 506 IPC, Police Station Kotwali, District Shahjahanpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before 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 behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 22.8.2019 AK