Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7577 of 2019 Applicant :- Sani Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Arvind Kumar Srivastava, Advocate holding brief of Sri Atul Kumar Srivastava, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant- Sani with a prayer to enlarge him on bail in Case Crime No.951 of 2018, under Sections 376, 506 I.P.C., Police Station- Baradari, District- Bareilly.
It has been argued by learned counsel for the applicant that the applicant is cousin of the husband of the prosecutrix-Smt. Laxmi, though the prosecutrix herself has lodged the F.I.R. it is after a delay of about 13 days. The story as came out in the statement recorded under Sections 161 and 164 Cr.P.C. appears to be highly improbable as the allegation regarding commission of offence is not so specific. It has been stated by the learned counsel for the applicant that there was a dispute between the applicant and the prosecutrix with respect to some money transaction for which he has been falsely implicated in the present case. The applicant and the prosecutrix are closely related, due to dispute as stated above, the present F.I.R. has been lodged with false and frivolous allegation. As per the medical examination report, there is no external or internal injury was found on her body. The applicant does not have any previous criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 20.07.2018.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 26.2.2019 JK Yadav