Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33994 of 2019 Applicant :- Nagendra Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Mishra,Chandra Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri Yogeshwar Rai, learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 112 of 2019 u/s 376 IPC PS Vishunpura District Kushinagar.
Contention of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case on account of village enmity. Further contention is that the alleged victim is a married woman and she is 55 years of age. She has also refused to get medically examined. Contention is that applicant is in jail since 3.6.2019 with no criminal history and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Nagendra Yadav involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 22.8.2019 SP