Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41956 of 2018 Applicant :- Sunil Opposite Party :- State Of U.P. Counsel for Applicant :- Piyush Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Sunil seeks bail in Case Crime No. 018 of 2018, under Section 363, 366 IPC, P.S. Shahganj, District- Sonbhadra.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case on account of ulterior motive. He has further drawn the attention of the Court towards the statement of the victim- Manno under Section 164 Cr.P.C., in which she has categorically stated that his uncle used to abuse and beat her, as such she left her house out of her own free-will. The applicant advised the victim to return back home, however, she refused to return back on account of threat to her life, hence started living with applicant- Sunil. She has further stated that she wants to marry with Sunil and live with him. Learned counsel for the applicant has further submitted that the victim is about 19 years of age and she willingly wants to stay with him. Lastly, it is submitted that applicant is in jail since 31.3.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid fact as argued by learned counsel for the applicant and that the applicant is in jail since 31.3.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Sunil be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 31.10.2018 KU