Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25207 of 2019 Applicant :- Om Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Mohan,Indra Kumar Chaturvedi(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed by Sri Ram Sevak Yadav, Advocate on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the complainant and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. Offence under section 376D IPC is not attracted in this matter. Entire allegations levelled in the F.I.R. are false and concocted. Applicant has been implicated in this case due to ulterior motive. Co-accused Radhey Shyam, against whom specific allegation of committing rape was made, has been released on bail by this Court vide order dated 28.5.2019 passed in criminal misc. bail application no.22055 of 2019. It is further contended that there was matrimonial dispute between the parties and due to that reason, present F.I.R. has been lodged against the applicant on the basis of false facts. In fact, no such incident ever took place. Applicant is languishing in jail since 27.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA as well as learned counsel for the complainant opposed the prayer for bail and argued that applicant is husband of the victim. He cannot take benefit of the order passed in respect of co-accused Radhey Shyam, who was devar of the victim. It is further argued that all the offences levelled against the applicant are clearly made out, therefore, applicant does not deserve to be released on bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Om Prakash involved in Case Crime No. 249 of 2018 under Sections 376-D, 377, 323, 504, 506 I.P.C., Police Station Mahrajganj, District Jaunpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.6.2019 ss