Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39585 of 2019 Applicant :- Rishabh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajesh Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for State and perused the record.
This application for bail has been filed by the applicant-Rishabh Kumar seeking his enlargement on bail in Case Crime No. 156 of 2019, under Sections 376, 313, 323, 504 I.P.C., Police Station-Pipari District-Sonbhadra during the pendency of the trial of the above mentioned case crime number.
Some criminality alleged to have been committed by the present applicant upon Sita, an F.I.R. dated 4.8.2019 was lodged by the victim Sita herself, which was registered as Case Crime No. 0156 of 2019, under section 376, 313, 323, 504 I.P.C., Police Station-Pipari District-Sonbhadra.
Learned counsel for the applicant submits that the victim is aged about 35 years and she has been a consenting party. As such, no offence under section 376 I.P.C. can be said to have been committed by the present applicant. Consequently, the applicant is liable to be enlarged on bail.
Learned A.G.A. opposed the prayer of bail. However, he could not dispute the factual submission urged by the learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Rishabh Kumar be released on bail in the aforesaid Case Crime Number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the instant bail application is allowed.
Order Date :- 26.9.2019 HSM