Sunil Yadav vs State Of U.P.
2013 Latest Caselaw 6954 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33794 of 2013
 

 
Applicant :- Sunil Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Yashpal,Rajesh Yadav
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

The present bail application has been filed on behalf of  the applicant in case crime No. 878 of 2013 under Sections 363, 366, 376 IPC, police station Nebua Naurangia, district Kushinagar  with the prayer to enlarge the applicant on bail during the pendency of trial.

It is contended by the learned counsel for the applicant that  the prosecutrix had gone with the applicant out of her own free will and had married him as she was major as per her medical report, copy of which has been filed as annexure-3 to the affidavit accompanying this bail application and reference in this regard has also been drawn to the annexure-2 to the affidavit accompanying this application which is the statement of the prosecutrix recorded under Section 164 Cr.P.C. wherein she has stated that she has gone with the applicant out of her own free will and had married him.  It is next contended that the applicant has no criminal history and he has been falsely implicated in the present case due to ulterior motive.  It is next contended by the learned counsel for the applicant that the applicant is in jail since 09.9.2013 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Sunil Yadav, involved in case crime No. 878 of 2013 under Sections 363, 366, 376 IPC, police station Nebua Naurangia, district Kushinagar  be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction  of court concerned on the following conditions that:-

1.   The applicant shall not tamper with the prosecution evidence;

2.  The applicant shall not pressurize the prosecution witnesses;

3.  The applicant shall appear on the date fixed by the trial court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 12.11.2013/faraz