Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31633 of 2018 Applicant :- Sanju @ Sanjay @ Sanjeev Goyal Opposite Party :- State Of U.P.
Counsel for Applicant :- Kashi Naresh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Kashi Naresh Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.322 of 2017, under Sections 457, 323, 504, 506, 376 IPC, Police Station Gabhana, District Aligarh, with the prayer to release him on bail.
Learned counsel for the applicant has submitted that the victim is a lady of doubtful character. She has falsely implicated the applicant and his brothers in order to harass and extract money from them. The first information report was registered on an application moved under Section 156(3) Cr.P.C. after five months of the incident. During investigation, the independent witnesses have stated that the victim is in the habit of falsely implicating the persons in order to extract money from them. He further submits that the version of rape is not supported by medical evidence. Lastly, it is submitted that the applicant is languishing in jail since 6.5.2018 having no criminal antecedents.
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 also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Sanju alias Sanjay alias Sanjeev Goyal, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(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 Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 23.8.2018 Hasnain