Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28333 of 2018 Applicant :- Pateshwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Nasiruddin Warsi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 271 of 2018, u/s 323, 376, 504, 506 IPC, P.S. Kotwali, District Maharajganj with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case by the first informant on account of enmity. Infact reality is that the applicant's daughter was forcibly kidnapped by the husband of the prosecutrix regarding which an application u/s 156(3) Cr.P.C. for registration of the case against him was moved on 27.3.2018, copy of the application has been annexed along with bail application. Thereafter, in a calculated manner as a counterblast the first informant moved an application u/s 156(3) Cr.P.C. regarding alleged rape committed by the applicant on his wife and the prosecution version of rape is not supported by medical evidence, the prosecutrix is aged about 24 years, the applicant is in jail since 31.5.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Pateshwar involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2018 Dhirendra/