Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49429 of 2018 Applicant :- Sonu @ Satendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamini Pandey (Dubey),Anand Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that in the medical report the age of victim has been shown about 17 years. In fact, at the time of alleged incident the victim was major. In school record her date of birth has been shown as 12.4.1998. The victim in her statement recorded under section 161 Cr.P.C. has stated that she has gone with the applicant to Rohtak where she has solemnized her marriage with the applicant on 12.5.2018. She has further stated that she has gone with the applicant on her own sweet will and she wants to live with her husband. Thereafter, the victim in her statement recorded under section 164 Cr.P.C. has made false allegation against the applicant under the pressure of her family members. The victim remained with applicant about 3 days at different places but during this period she has not made any hue and cry to save herself. The applicant has not committed the alleged offence and is languishing in jail since 20.5.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Sonu @ Satendra involved in Case Crime No.165 of 2018, under Section 363, 366, 120-B, 376 IPC Police Station Gonda District Aligarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.12.2018/Gss