Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55917 of 2019 Applicant :- Suryamani Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Dewendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Suryamani, with a prayer to release him on bail in Case Crime No. 377 of 2018, under Sections 376, 323, 504, 506 IPC, Police Station Mahuli, District- Sant Kabir Nagar, during pendency of trial.
Submission is that applicant has been falsely implicated in this case. His elder brother married the victim, but after five months of marriage he eloped with another girl. The victim is aged about 30 years and applicant is aged about 22 years. Family members of the applicant never promised the victim to marry her with the applicant. Medical report of the victim does not supports the allegations made in the FIR. FIR is delayed by six months. FIR has been lodged to compel the applicant to marry the victim. The applicant has no criminal history to his credit and he is languishing in jail since 16.8.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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 Ruchi Agrahari