Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24723 of 2019 Applicant :- Sonu Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Applicant- Sonu Yadav seeks bail in Case Crime No. 105 of 2018, under Sections 363, 366 IPC, (S.T. No. 465 of 2018) Police Station Uruwa, District Gorakhpur.
Heard learned counsel for the applicant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case; submission is that as per F.I.R. there is no allegation against the applicant; although the victim in her statement under Section 161 Cr.P.C. has assigned role to entice to the applicant but in her statement under Section 164 Cr.P.C. has specifically stated that co-accused Harendra Yadav and Parshuram Yadav have committed rape. It has been further submitted that applicant is in jail since 18.8.2018.
Bail has been opposed by learned AGA on behalf of the State.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.6.2019 Shahid