Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24956 of 2019 Applicant :- Rohit Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Niraj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Counter affidavit has been filed by the State today, taken on record.
Heard Sri Neeraj Kumar Tiwari, learned counsel for the applicant and Sri Yogeshwar Rai, learned AGA appearing for the State and perused the record.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No. 2352 of 2018, under Sections 323, 376, 506 IPC, Police Station Kavi Nagar, District Ghaziabad.
I have perused the FIR as well as the order by means of which the bail application moved on behalf of the applicant has been rejected.
Contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that the alleged victim is a married woman and due to some dispute between husband and wife, the victim had left her husband. It is further contended that on the assurance of solemnizing the marriage, she joined the company of the applicant. She was in consensual relationship with the applicant. The dispute arose with regard to performing the marriage and thereafter the victim has lodged the FIR building the pressure upon the applicant. The victim has also admitted, in her statement recorded under section 164 Cr.P.C., the consensual relationship with the applicant. The applicant is in jail since 21.11.2018 and he is having no criminal antecedent.
Learned AGA appearing for the State has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail in this case.
The prayer for bail is granted. The application is allowed.
Let the applicant Rohit Kumar involved in the aforesaid case crime number be released on bail on his 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 29.11.2019 RPD