Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28042 of 2018 Applicant :- Naresh Saini Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashok Kumar Singh Bais, 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.221 of 2018, under Sections 376, 377 IPC, Police Station Devband, District Saharanpur, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that admittedly the prosecutrix is aged about 50 years. The first information report has been lodged on 8.3.2018 stating therein that she is a widow lady and the applicant had developed intimacy with her in the year 2007 and on the pretext of marriage, to look after the children and continued to sexually exploited her for about 11 years. Now he is not only assaulted her but also refused to marriage. It is argued that the prosecutrix is a grownup matured lady and false allegations have been made against the applicant. Lastly, it is submitted that the applicant is languishing in jail since 15.5.2018.
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 Naresh Saini, 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 :- 27.7.2018 Hasnain