Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56748 of 2019 Applicant :- Vipin Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Shri Ajay Kumar, learned counsel for the applicant, has filed supplementary affidavit in the Court today, the same is taken on record.
2. Heard Sri Ajay Kumar, learned counsel for the applicant as well as Sri Sanjay Kumar Singh, learned A.G.A. for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Vipin with a prayer to release him on bail in Case Crime No. - 491 of 2019, under Sections - 363, 366, 323, 354 of I.P.C., Police Station - Gulawati, District - Bulandshahar, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of abduction to forced marriage, punishable with imprisonment of ten years;
(ii) against FIR lodged on 25.09.2019, the applicant is in confinement since 03.10.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation appears to be pending, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, for purpose of grant of bail, it has been submitted that victim girl has been recovered. In her statement recorded under Sections 161 and 164 of Cr.P.C., she has made the main accusation against co-accused Rakesh;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
5. In view of the above, without expressing any opinion on the final 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 in the like amount, to the satisfaction of the court concerned, with the following conditions :-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the investigation sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
8. It is made clear, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 19.12.2019 I. Batabyal