Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56191 of 2019 Applicant :- Surendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ali Hasan,Istiyaq Ali 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 there is no allegation of rape levelled against the applicant in the FIR lodged by the mother of the victim. However in her statement under Section 164 Cr.P.C. she has levelled the allegation of rape against the applicant. As per medical report the age of the victim has been found to be above 19 years. It has been submitted that she has falsely implicated the applicant in this case. The medical report does not supports the allegation made in the FIR. The applicant is in jail since 12.08.2019 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, be released on bail in Case Crime No. 167 of 2019, under Sections- 366, 354, 506, 376 IPC, Police Station- Gaurabadshahpur, District- Jaunpur, 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 :- 18.12.2019 Rohit