Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39842 of 2018 Applicant :- Sonu @ Bhaunda Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramanand Gupta,Vidya Prakash Singh Counsel for Opposite Party :- G.A.,Yogesh Kumar Srivastava
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Yogesh Kumar Srivastava, learned counsel for the complainant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No.402 of 2018, under Sections 323, 376, 506 IPC, P.S. Narkhi, District Firozabad.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case. It is further contended that the the age of the victim is more than 20 years and she is major. It is further contended that the victim was in a consensual relationship with the present applicant and it is apparent from the fact that the girl has visited the applicant twice in jail. It is further contended that the medical report does not support the allegation of rape. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 18.8.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sonu @ Bhaunda be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 31.7.2019/Mini