Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55995 of 2019 Applicant :- Santosh Opposite Party :- State of U.P.
Counsel for Applicant :- Ashwani Kumar Pathak 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 in this case. It has been alleged that the victim had affair with the applicant from the year 2007 to 2017 and there was physical relation-ship between the two. The aforesaid relation-ship was permitted by the victim on the promise of marriage by the applicant. However, the applicant married another girl on 16.02.2017 and thereafter first information report has been lodged against the applicant on 20.04.2017. Learned counsel for the applicant stated that the victim had relation-ship with the applicant and there were talks of marriage but there was no physical relation-ship between two. After applicant got married with another girl, he has been falsely implicated only because he is employed in the police department. The victim never lodged any compliant earlier when she had alleged relation-ship for 10 years. The victim has implicated the applicant because he is in government job and in order to pressurize him and get undue gain from the applicant, victim has falsely implicated him. The applicant is in jail since 18.10.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
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 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, Santosh, involved in Case Crime No.188 of 2017, under Sections 376, 504, 506 IPC, Police Station Shahpur, District- Gorakhpur 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 :- 16.12.2019 SS