Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51041 of 2019 Applicant :- Sunil Tripathi Opposite Party :- State of U.P.
Counsel for Applicant :- Shailesh Kumar Tripathi Counsel for Opposite Party :- G.A.,Sanjeev Kumar Tiwari
Hon'ble Siddharth,J.
Counsel for the informant has filed counter affidavit but no evidence of any such vedio has been brought on record.
Heard learned counsel for the applicant, Sri Sanjeev Kumar Tiwari, learned counsel for the informant and learned A.G.A. for the State and perused the record.
It has been submitted that from the high school certificate of the victim her age is 24 years and as per medical report she is found to be aged about 18 years. From the statement of the victim unde Section 164 Cr.P.C. she went to meet the applicant to different places when he called her. She has given explanation that he had made her vedio and on the threat of making the vedio viral he called her to different places and she went to meet him. However no such vedio has been recovered by the Investigating Officer. The applicant alleges false implication in this case. The applicant is in jail since 04.10.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Sunil Tripathi, be released on bail in Case Crime No. 214 of 2019, under Sections- 376, 354-Ga, 328, 504, 506 IPC and Section 67 of I.T. Act, Police Station- Doharighat, District- Mau, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 :- 29.11.2019 Rohit