Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28439 of 2018 Applicant :- Munshilal Gaur Opposite Party :- State Of U.P.
Counsel for Applicant :- Vageesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vageesh Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.30 of 2018, under Section 376 IPC, Police Station Sujanganj, District Jaunpur, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that he has been falsely implicated in this case on account of enmity and dispute over the Abadi land between them. It is submitted that the first information report was lodged by the prosecutrix herself on 17.3.2018 regarding the alleged incident of rape stated to have taken on 20.2.2018. However, the fact is that on account of a dispute between the parties, both were challaned for creating nuisance and breach of peace under Section 107/116 Cr.P.C. on an application moved by the prosecutrix herself. The photocopy of the challani report has been annexed as Annexure-2 to the affidavit. It is argued that in fact, no such incident had taken place and in order to settle the matter, the applicant has been falsely implicated in this case.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Munshilal Gaur, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.7.2018 Hasnain