Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23435 of 2019 Applicant :- Sandeep Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Hanuman Deen Verma Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Sandeep Kumar has prayed to release him on bail in Case Crime No. 61 of 2019, u/s 363, 366 I.P.C., P.S. Munderwa, District Basti.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, whereas prosecutrix is major and a married girl. She has been held to be of 18 years of age in medical age determination. In her statements recorded u/s 161 and 164 Cr.P.C. (though written u/s 200 Cr.P.C. by the Magistrate concerned but it seems to be careless writing by the Magistrate) there is variance in the occurrence. It was a case of love affairs since last two years and wilful meeting with the applicant for which a false case was lodged. Accused-applicant is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application..
F.I.R. reveals that it was got lodged upon report of Ramkesh on 11.4.2019 at 13.53 hours for an occurrence of 9.4.2019 at 12.00 hours. Prosecutrix was written to be of 16 years in it, whereas she in her statements recorded u/s 161 and 164 Cr.P.C. has said that she was in love affairs with the applicant and had gone to attend accused-applicant on his telephonic call. Under all above facts and circumstances and without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Sandeep Kumar, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.6.2019 Pcl