Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31402 of 2018 Applicant :- Surendra alias Bablu Opposite Party :- State Of U.P. Counsel for Applicant :- Jagdish Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Jagdish Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.112 of 2017, under Sections 376, 506 IPC, Police Station Mahila-Thana, District Gorakhpur, with the prayer to release him on bail.
It has been argued by learned counsel for the applicant that the victim is aged about 28 years. As per the statement under Section 164 Cr.P.C., she is a married lady and from the wedlock two children were born. However, on account of differences, her husband disowned her and she was living at her Maika. Thereafter the victim married with the applicant and they lived as husband and wife for about six years. The applicant had also established physical relations with her and now he has refused to marry her. It is argued that the prosecutrix in order to create pressure on the applicant to marry her, has falsely implicated the applicant. It prima-facie, appears that it is a case of victim being a consenting party. Lastly it is stated that the applicant has no criminal history and is languishing in jail since 28.6.2018.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Surendra alias Bablu, 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 21.8.2018/Hasnain