Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47648 of 2018 Applicant :- Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Maurya,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Pintu in connection with Case Crime No.03 of 2018, under Sections 342, 376/34, 506 I.P.C. and 3/4 Protection of Children From Sexual Offences Act, P.S. Pipiganj, District Gorakhpur.
The first information report was lodged by the complainant with the allegation that the accused Pintu had committed the rape with her on the false promise of marrying her.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the victim has specifically stated in her statement recorded under Section 164 Cr.P.C. that she was in love with the applicant since 19.05.2016 and she was having physical relations with the applicant since then and now the applicant has denied to solemnize marriage with her. He further submitted that the victim in her statement recorded before the trial court has categorically stated that she had solemnized marriage with the applicant and lived in the house of the applicant as husband and wife. She further stated that she does not want to take any action against the applicant, Pintu and Rama Shankar. He submitted that the applicant is languishing in jail since 05.05.2018 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has although opposed the bail plea but has accepted that the victim has turned hostile in the trial curt and does not want to proceed any further against the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Pintu involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.9.2019 R./