Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52724 of 2019 Applicant :- Narendra Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant has been falsely implicated in this case on account of dispute between the family members. He is the brother-in-law (Dewar) of the elder sister of the victim. She has falsely implicated the applicant in this case. From the statement of the victim under Section 164 Cr.P.C. it appears that the sister of the victim herself sent her with the applicant. It has been stated that in case it was true that the elder sister should have also been implicated in this case. The medical report does not supports the prosecution case. The age of the victim as per medical report is about 18 years. No spermatozoa has been found by the doctor in supplementary medical report. The applicant is in jail since 03.08.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Narendra, be released on bail in Case Crime No. 558 of 2019, under Sections- 366, 376, 342, 323, 506 IPC, Police Station- Powayan, District- Shahjahanpur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 Rohit