Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52676 of 2019 Applicant :- Pushpendra Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Dixit,Deepti,Utkarsh Dixit Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed is taken on record.
Heard Sri Utkarsh Dixit, learned counsel for the applicant, Sri M.C. Singh, learned counsel for the informant and learned A.G.A. for the State and perused the record.
Counsel for the applicant has submitted that the victim is a married woman and neighbour of applicant. The age of the victim is 28 years. She has falsely implicated the applicant in this case. No vedio alleged by the victim has been recovered by the Investigating Officer. The falsity of allegation is clear from the statement of the victim under Section 164 Cr.P.C. wherein she has also implicated the brother of the applicant. The applicant alleges false implication in this case. The medical report does not supports the prosecution case. The applicant is in jail since 20.09.2019 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- Pushpendra, be released on bail in Case Crime No. 605 of 2019, under Sections- 328, 376, 354-D, 452, 509 IPC, Police Station- Dankaur, District- Gautam Budh Nagar, 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