Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28705 of 2018 Applicant :- Sachin Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Hemant Sharma,Vimlendu Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the applicant has been falsely implicated by the victim, who is a married woman. Allegations have been levelled against the applicant because he has made application against the husband of the victim alleging that he wants to grab the land in possession of the applicant on the pretext that it belongs to the Gaon Sabha. It has further been submitted that no mark of injury has been found on the body of the injured when the incident have taken place on open field. Applicant is in jail since 14.05.2018 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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 Sachin Kumar, involved in Case Crime No.167 of 2018, under Sections 376, 506 IPC, Police Station Anoopshahar, District- Bulandshahar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.9.2019 SS