Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23442 of 2019 Applicant :- Vinod Opposite Party :- State Of U.P.
Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Vinod has prayed to release him on bail in Case Crime No. 132 of 2019, u/s 363, 366, 506 I.P.C., P.S. Katghar District Moradabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number on the report of the informant whereas the prosecutrix is major. The victim has been held to be of 17 years of age in medical examination report and she in her statement recorded under section 164 Cr.P.C. has stated specifically to have been married with accused applicant upon her own volition. It was a consensual marriage amongst two major. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application. Perusal of FIR reveals that the occurrence was said to be of 28.2.2019 at 5.30 A.M. and the report was of 7.3.2019 at 13.24 and this was lodged by Smt. Surta Devi whereas itself reveals that she fled away with ornaments and some amount of cash. Prosecutrix in her statement recorded under section 164 Cr.P.C. has said to be married with accused applicant upon her own volition.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant Vinod involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.6.2019 Rk