Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57159 of 2019 Applicant :- Swaminath Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Shri K.N. Tiwari, learned counsel for the informant and learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Swaminath with a prayer to release him on bail in Case Crime No. 158 of 2018, under Sections 376, 504, 506 IPC, Police Station Ghughuli, District- Maharajganj, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is submitted that applicant and victim both are major.The applicant is licence holder of the fairprice shop.The applicant used to visit her house and know her well.As per Adhar Card the age of the applicant is 70 years. The victim is aged about 38 years.The victim has refused her medical examination,therefore adverse inference should be drawn against her. The applicant is languishing in jail since 11.11.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. and learned counsel for the informant have 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.
Order Date :- 19.12.2019 Atul kr. sri.