Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34333 of 2019 Applicant :- Satpal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that there are vital contradiction in the statement of the victim under Sections 161 and 164 Cr.P.C. In her statement under Section 161 Cr.P.C. she has only implicated the applicant while in her statement 164 Cr.P.C. she has also implicated another person, Jugesh. Later, in her second statement under Section 161 Cr.P.C. she has stated that she implicated, Jugesh, on account of investigation from her relatives and friends.
Counsel for the applicant has submitted that the veracity of the allegation in the FIR made against the applicant by the victim is doubtful. The age of the victim as per the medical report has been found to be 16 years by doctor. The applicant is in jail since 21.06.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Satpal, be released on bail in Case Crime No. 0153 of 2019, under Sections- 323, 354(Ka) I.P.C., Police Station- Hayat Nagar, District- Sambhal, 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 which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.8.2019 Rohit