Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31423 of 2019 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant has been summoned to face trial in a complaint case. Initially the complainant has moved an application under section 156(3) Cr.P.C. which was treated as complaint and thereafter on the basis of statements of complainant and witnesses recorded under section 200 and 202 Cr.P.C. the applicant has been summoned to face trial. It has been further submitted that the complainant is a major lady aged about 21 years. The complainant has made allegation against the applicant that on the pretext of marriage the applicant established physical relation with her. In fact false allegation has been made against the applicant. There is no medical report on record. The applicant has not committed the alleged offence. The applicant has been falsely implicated in this case due to village partibandi. There is no criminal history of the applicant and is in jail since 4.7.2019.
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 involved in S.T. No. 241 of 2019 under Section 376, 323, 504, 506 IPC Police Station Kotwali Dehat District Saharanpur 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 he 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 :- 26.8.2019 Gss