Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18006 of 2019 Applicant :- Ramu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed the present offence. In fact applicant and co-accused Seemal are brother and sister. There was dispute between Seemal and her husband. One FIR had already been lodged by Seemal against her Jeth for the offence under Section 376 IPC and proceeding under Section 12 of Protection of Women from Domestic Violence Act was also filed by co-accused Seemal against her husband and other family members which was allowed. Later on present prosecution was started on the basis of order passed under Section 156 (3) Cr.P.C. at the behest of husband of co-accused Seemal. In fact no such incident took place. There was no occasion to permit complainant to stay at the house of the accused. Medical evidence also does not support the prosecution case. The applicant has no criminal history. He is languishing in jail since 15.10.2018 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 opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the 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 Ramu involved in Case Crime No. 0374 of 2016, under Sections 376, 504, 506 I.P.C., P.S. Jhangha, District Gorakhpur 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 the conditions :
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 :- 29.4.2019 Sachdeva