Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40427 of 2019 Applicant :- Sunil Kumar Jaiswal Alias Anand Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwani Kumar Sachan,Saurabh Sachan Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further contended that applicant and victim was in a consensual relationship and victim is adult as per her own statement under Section 164 Cr.P.C. copy of which is annexed at page 17 of the bail application in which she categorically states that "mujhe koi bahla phusla kar nahi lay gaya tha, mein anand ko janti hu aur usse pyar karti hu, mein apni marji se uske sath chali gai thi". The matter needs deeper and fairer investigation before any arrest should be given effect to.
Therefore, the applicant may be enlarged on anticipatory bail. Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Sunil Kumar Jaiswal Alias Anand Jaiswal involved in Case Crime No. 0191 of 2019 under Section 363, 366 I.P.C., Police Station Vindhyachal, District Mirzapur, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iv) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. Concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 27.9.2019 Ujjawal