Arun Alias Sheru vs State Of U.P.
2019 Latest Caselaw 5602 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39382 of 2018
 

 
Applicant :- Arun Alias Sheru
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Saumitra Dwivedi,Swati Agrawal Srivastava,Vineet Sankalp
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This is a bail application on behalf of the applicant in connection with Case Crime No. 712 of 2018, under Section 366 IPC, P.S. Dhoomanganj, District Allahabad.

The contention of the learned counsel is that the accused is innocent and he has been falsely implicated in the present case. She further submitted that the girl has already been recovered. She further submitted that the victim is admittedly major aged about 20 years and she has stated in her statement recorded under Section 164 Cr.P.C that she met the present accused-applicant when she had left her matrimonial home on 28th March, 2018 and applicant had scolded her and asked her to return to her home. She further submitted that the victim has not made any specific allegation against the accused-applicant. Lastly, she submitted that the applicant is languishing in jail since 02.06.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. has not opposed the bail application.

Considering the overall facts and circumstances, the nature of allegations, considering the statement of the girl recorded under Section 164 Cr.PC, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

Accordingly, the bail application stands allowed.

Let the applicant Arun Singh @ Sheru be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

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

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 8.7.2019

Shanu