Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28300 of 2018 Applicant :- Shani Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Prashant Pandey, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the prosecutrix Khushboo is a consenting party. She in her statement recorded under Section 164 Cr.P.C. (Annexure-5) has categorically stated that she was carrying love affair with the applicant and she had left her parental home on her own accord. 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 13.4.2018.
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 Shani involved in Case Crime No. 211 of 2018, under Section 363 I.P.C., P.S. Shivpur, district-Varanasi 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 :- 30.7.2018 Faridul