Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8152 of 2019 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Sonu has prayed to release him on bail in Case Crime No. 619 of 2018, u/s 376, 379, 420, 506 I.P.C., P.S. Civil Lines, District Budaun.
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 very case crime number. First Information Report was of this fact that accused applicant along with other, has withdrawn amount from bank account of informant on the basis of A.T.M., which was withhold by him. Whereas Rs. 50,000/-, Rs. 10,000/-, and Rs. 20,000/-, was withdrawn from cheque-book and passbook, which was given along with cheque-book to informant. Subsequently, by this A.T.M. rest amount was withdrawn and in between under threat of not giving assistance for getting money withdrawn, accused applicant committed rape with informant. It was further said that when 18.8.2018, informant along with her mother-in-law went at bank branch, it was apprised that nothing remained in above account, then this report was got registered. Whereas no report or protest was lodged at any point of time regarding alleged offence of rape so far as withdrawn of money is concerned, case diary includes fact that whole of amount withdrawn on 3 dates through cheque. Nothing was withdrawn through A.T.M., hence, entire accusation is wrong. He is of no criminal antecedents. Bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Having heard learned counsel for the parties and gone through the material on record, it is apparent that report was got lodged on 22.9.2018 and for all those remaining days, it was not lodged. The siphoning of money have been said to be through ATM, misused by accused applicant whereas statement of Bank Manager, which was part of case diary reveals that money was withdrawn through cheque book and it was informant, as per argument of learned counsel for the appellant. Under all 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, Sonu, 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 :- 26.4.2019 Kamarjahan