Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23475 of 2019 Applicant :- Surendra Bind Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Surendra Bind has prayed to release him on bail in Case Crime No. 255 of 2018, u/s 363, 366 I.P.C., P.S. Ghambirpur, District Azamgarh.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number which was registered on 23.12.2018 at about 16:40 p.m.; whereas occurrence had been taken on 20.12.2018 at about 19:00 p.m.; whereas prosecutrix, being major held to be of age of 18 years in High School Certificate as well as medical age determination, has said in her statement recorded under Section 164 of Cr.P.C. to be with accused-applicant under her own volition and married with him. There was no enticing of abduction of her by accused-applicant. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail application.
Having heard learned counsels for both side and perused the material placed on record, it is apparent that it is a case of consensual fleeing of prosecutrix, who was major, with accused applicant. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Surendra Bind, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.6.2019 M. ARIF