Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7287 of 2019 Applicant :- Shyam Opposite Party :- State Of U.P.
Counsel for Applicant :- Anup Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Shyam has prayed to release him on bail in Case Crime No. 247 of 2018, u/s 376, 493, 504, 506 I.P.C., P.S. Kothibhar, District Maharajganj.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this case. The complainant in her statements recorded u/s 161 and 164 Cr.P.C. has specifically stated that she was enticed away by accused- applicant and she was in sexual relationship with applicant for more than eight months and she was having pregnancy of eight months. She refused to get herself medically examined. This living has been said to be under assurance of marriage. It was a consensual living. Hence bail has been prayed for.
Learned AGA has opposed the bail application..
From the statement recorded u/s 164 Cr.P.C., it is apparent that the prosecutrix had given her age to be 21 years and she was living with the applicant under consensual relationship, which was subsequently said to be under assurance of marriage. Under above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Shyam, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.2.2019 Pcl