Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3942 of 2019 Applicant :- Yatendra Alias Bobby Opposite Party :- State Of U.P.
Counsel for Applicant :- Shishir Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case without any rhyme or reason. The main accusation was initially levelled by the victim under Sections 161 and 164 Cr.P.C against the co- accused Tinku who allegedly took the victim to the hotel and molested her physically. The applicant has committed no offence. The name of the applicant has been deliberately dragged in this case on account of family rivalry. The main accused Tinku has already been admitted to bail by this Court vide order dated 26.06.2018 in Criminal Misc. Bail Application No. 23568 of 2018, copy whereof has been annexed as annexure no.11 to the affidavit filed in support of this bail application. The applicant does not bear any criminal history and is languishing in jail since 12.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Yatendra @ Bobby involved in Case Crime No.1001 of 2017, under Sections 366, 323, 354(B), 376(D) I.P.C. and 66 (e) I.T. Act, Police Station Muradnagar, District Ghaziabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 rkg