Imran vs State Of U.P.
2019 Latest Caselaw 5610 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 6501 of 2019
 

 
Applicant :- Imran
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Kunwar Shushant Prakash,Mohd. Rais
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Singh,J.

Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

The present bail application has been filed on behalf of the applicant in Case Crime No.234 of 2019 under Sections 376 and 420 I.P.C, Police Station-Gudamba, District Lucknow, with the prayer to enlarge him on bail.

The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 09.04.2019. It is further submitted on behalf of applicant that it is admitted case of the prosecutrix that she is aged about 25 years as per her High School Certificate. He has further submitted that the prosecutrix alleged in the FIR that he was in relation with the applicant since last five years. At the later stage, he made affair with some other girl, then the prosecutrix pressuring him for marriage, but he refused, as a result, the FIR in question is lodged. He has further submitted that the prosecutrix refused to get her medical examination. Learned counsel for the applicant has further submitted that no case of Sections 420 and 376 I.P.C. are made out. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for grant of bail to the applicant.

Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

Let applicant -Imran- be released on bail in Case Crime No.234 of 2019, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

Order Date :- 8.7.2019

Amit/-