Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34959 of 2018 Applicant :- Shyam Sunder Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sunil Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.123 of 2018, under Sections 366, 376, 342, 506 IPC and 3(1)10 SC/ST Act, Police Station Ram Chandra Mission, District Shahjahanpur, with the prayer to release him on bail.
It has been argued by learned counsel for the applicant that as per High School certificate, the victim is aged about 20 years. In the statement under Section 164 Cr.P.C., she has stated that she had travelled with the applicant from Lucknow to Ambala by train and when she was coming along with him for Allahabad for solemnizing marriage, she was caught by her cousin. There is no allegation of rape in the statement recorded under Section 164 Cr.P.C. Lastly, it is submitted that the applicant is languishing in jail since 6.5.2018 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Shyam Sunder, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 17.9.2018 Hasnain