Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28591 of 2018 Applicant :- Sarvan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rajesh Kumar Mishra, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that as per birth certificate the prosecutrix Harkeel Kaur is major. She in her statement recorded under Section 164 Cr.P.C. (Annexure-4) has categorically stated that she had left her parental home on her own accord and solemnized marriage with Balihar Singh, who is brother of the applicant. He next submitted that the applicant being brother of Balihar Singh has falsely been implicated in the present case. He lastly submitted that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 24.4.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Sarvan Singh involved in Case Crime No. 751 of 2017, under Section 368 I.P.C., P.S. Bilaspur, district- Rampur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 31.7.2018 Faridul