Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55860 of 2019 Applicant :- Surendra Kumar @ Golu Opposite Party :- State of U.P. Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that from the allegations made in the FIR the age of the victim has been found to be 19 years. However from her education certificate she has been found to above 20 years. The applicant is the her brother-in-law (jija). She has alleged that he came to her house and committed the alleged offence inside the room. When her sister came and saw the applicant from the window, he left the victim and ran away from the gate on the back side of the house. It has been submitted that the victim was a consenting party and falsely implicated the applicant. She has refused to get her internal examination conducted by the doctor. The applicant is in jail since 02.08.2019 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- Surendra Kumar @ Golu, be released on bail in Case Crime No. 125 of 2019, under Sections- 376, 323 IPC, Police Station- Jafarganj, District- Fatehpur, 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 :- 16.12.2019 Rohit