Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33742 of 2019 Applicant :- Satnam Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Sunil Vashisth, learned counsel for the applicant and Ms. Sanyukta Singh, learned AGA appearing for the State.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.1406 of 2019, under Sections 328, 376, 506, IPC, and Section 3/4 of POCSO Act, Police Station Kavi Nagar, District Ghaziabad.
The contention of the leaned counsel appearing for the applicant is that the applicant has been falsely implicated in the present case; that the girl was in a consensual relationship with applicant, however, when some dispute arose between the parties with regard to solemnization of marriage, the present FIR has been lodged against the applicant; Much reliance has been placed on the photographs, which has been annexed on page no.54 and onwards of the affidavit filed in support of the bail application, which also shows that the girl was in a consensual relationship with applicant. It is further been contended that the photographs are of 24.06.2019 whereas the alleged incident took place on 18.06.20198. The applicant is in jail since 04.07.2019 with no previous criminal history.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Satnam Singh involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 22.8.2019 VKG