Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7290 of 2019 Applicant :- Tejwa Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidya Dhar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by Tejwa in Criminal Complaint Case No. 10 of 2017, under Sections 376D, 506 I.P.C., Police Station Raipura, District Chitrakoot.
Learned counsel for the applicant argued that accused applicant is innocent. He has been falsely implicated in this very complaint case. Report by way of presenting application under Section 156 (3) Cr.P.C. was intended to be lodged after a considerable delay and the same was treated as complaint case. Complainant ans his witnesses were examined under Section 200 and 202 Cr.P.C., thereby this appeal. There is no medical evidence whereas report of police station submitted before Magistrate is of false implication. He is of no criminal antecedents. Bail has been prayed for.
Learned A.G.A. for the State has vehemently opposed the bail.
This report was considerably delayed and the statement recorded under Section 200 and 202 Cr.P.C. as of complainant Suman, there is fact that no protest was lodged at the time of occurrence even after the occurrence. Complainant returned to home without making any hue and cry. Under above facts and circumstances and without commenting on the merit of the case, a case for bail is made out.
Let the applicant Tejwa be released on bail in Criminal Complaint Case No. 10 of 2017, under Sections 376D, 506 I.P.C., Police Station Raipura, District Chitrakooth, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.2.2019 Kamarjahan