Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8120 of 2019 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Shri Pankaj Satsangi, learned counsel for the applicant and Shri Madnesh Kumar Singh, learned Brief Holder for the State and perused the record of the case.
The present bail application has been filed by the applicant, Sonu with a prayer to enlarge him on bail in Case Crime No. 739 of 2018, under Section 376 IPC and 3/4 POCSO Act, P.S. Gunnaur, district Sambhal.
The applicant has been falsely implicated in the present case as there was a dispute between the family of the applicant about the disputed land and on 12.11.2018 father of the applicant as well as father of the victim along with Dharamveer and Somveer had assaulted the applicant with lathi and danda, due to which he sustained injuries. The injury report has been filed at page 41 of the bail application. In order to harass the applicant, the FIR has been lodged on 13.11.2018 for the incident dated 12.11.2018 regarding the allegations of rape against the victim. The allegations are not supported by the medical report of the victim. In the version of 161 and 164 she apart that the applicant, one another Deepak but nothing has been said about him in the version of the FIR which ultimately shows that the applicant has been falsely implicated due to the dispute between the parties regarding the boundry of land. Counsel for the applicant further contended that the variations in the story go to show that to take a revenge, the present FIR has been lodged by the complainant. The applicant has no criminal history to his credit and is facing detention since 14.11.2018.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 27.2.2019 Sumaira