Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33814 of 2020 Applicant :- Sachin Patel Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Rana Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vikas Rana, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 79 of 2020, under Sections 376 & 323 of I.P.C., P.S. Bhuta, District Bareilly, during trial of this case.
As per F.I.R., lodged by the victim herself, it is stated that she was a married lady and had taken divorce from her husband and had two children. The accused applicant had developed physical relationship with her on the pretext that he would marry her. The applicant was also a married person which was concealed from the victim and when the victim asked him as to why he had concealed this fact, she was beaten by the accused applicant badly. In the medical examination report which is annexed at page no. 41 of paper book, she was found to have sustained five injuries which is nothing but complaint of pain and minor abrasions.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. This is a case of consensual sex. The accused applicant is in jail since 07.07.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that it is case of consensual sex, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Sachin Patel involved in aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 6.1.2021 VPS