Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24808 of 2019 Applicant :- Pushpendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.413 of 2019, under Sections 384, 388 I.P.C., Police Station Dadri, District Gautambuddh Nagar.
Learned counsel for the applicant submits that on 17.04.2019 a mobile talk was made between one Seema Sarohi and informant and on next day on 18.03.2019 at about 5/6 pm the informant went to the house of Seema Sarohi where she provided water for drinking thereafter she requested the informant to do sexual intercourse and immediately thereafter the husband of Seema Sarohi made videography on his mobile phone of the aforesaid seen. It is further stated that applicant co-accused Vijay Singh Cheema, Seema Sarohi and Pushpendra tortured to the first informant regarding the rape and on account of this reason they have taken six lacs and fifty thousand from the first informant. It is further submitted that applicant has been falsely implicated in this case due to ulterior motive as well as village party bandi. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 17.04.2019.
Per contra, learned A.G.A. has vehemently opposed the bail prayer and submitted that the applicant and co-accused ran a racket and by calling a person they prepare video and extort money. At the time of distribution of money they have been caught red-handed, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Pushpendra involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper or pressurize the prosecution evidence.
2. The applicant shall appear on the date fixed by the trial Court.
3. 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.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 20.6.2019 Swati