Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26906 of 2016 Applicant :- Sunder Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Kumar Yadav,Bhupendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Bhupendra Kumar Tripathi, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.02 of 2016, under Sections 363, 366, 376 I.P.C., Police Station-Deyoriya Kalan, District-Pilibhit.
3. Learned counsel for applicant contended that applicant is innocent and he has been falsely implicated due to village politics. It is contended that FIR was lodged after 1 and 1/2 year and statement given under Section 161 Cr.P.C., the victim stated that on advice of counsel, she had lodged false report against applicant, though in her statement under Section 164 Cr.P.C., she has given contrary statement. Applicant has no criminal history. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 26.03.2016 and trial is still going on. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Sunder Lal, involved in Case Crime No.02 of 2016, under Sections 363, 366, 376 I.P.C., Police Station-Deyoriya Kalan, District-Pilibhit be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 30.5.2019 Manish Himwan