Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43516 of 2021 Applicant :- Munna Lal Opposite Party :- State of U.P. Counsel for Applicant :- Alok Sharma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 77/2021, under Sections 376, 452, 506 IPC, police station Tilhar, District Shahjahanpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has not committed any offence. It was submitted that applicant and first informant are neighbours. It was further submitted that prosecutrix is a major lady, aged 25 years, and that her brother-in-law (Jeth) was running a grocery shop and that some days before the incident, a dispute has taken place, as some anti-social elements have assembled at the said shop. It was also submitted that the prosecutrix has got registered this case by moving an application under Section 156(3) Cr.P.C., wherein false allegations of rape were levelled against the applicant. Learned counsel has referred statements of prosecutrix and other witnesses and submitted that her version is thoroughly false and improbable and that prosecutrix is residing at her house with 5-6 family members and at the time of alleged incident, her daughter was also shown present. Similarly, applicant was residing with his family, which includes two daughters. It was also submitted that all the attending facts and circumstances of the case clearly show that the allegations of prosecutrix are thoroughly false and improbable and this case has been got registered with mala fide intention. It was further submitted that prosecutrix has not sustained any injury. It has further been argued that the applicant is in judicial custody since 02.08.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Munna Lal involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 28.10.2021 Anand