In a bail application under Sections 376 and 506 IPC, the court released the applicant on bail with personal bond and two sureties, noting no material opposition and without expressing an opinion on mereits.
Released on bail by furnishing personal bond and two sureties in like amount satisfying the court concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2391 of 2018
Applicant :- Narendra Nishad Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 501 of 2017, u/s 376, 506 IPC, P.S. Ajeetmal, District Auraiya with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that as per admitted case of the prosecution, the victim is a married lady and on account of strained relation with her husband as he was a man of loose character she was treated with cruelty, she left her matrimonial home. In the meanwhile she came in contact with the applicant and fell in love with him. It is further stated that the applicant had promised her that he shall help in getting divorce from her husband and promised to keep her throughout his life. Subsequently the applicant is stated to have exploited her and has now left her. It is argued that the prosecutrix is a lady of dubious character and in order to create pressure for marriage the applicant has been falsely implicated. Lastly it is contended that the applicant is in jail since 23.9.2017.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Narendra Nishad involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and 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 pressurize/ 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 :- 7.9.2018
Dhirendra/
2 issues framed by the court
Whether the applicant is entitled to be released on bail in the proceeding under Section 376 IPC.
Whether the allegations of false implication on account of dubious character are material for granting bail.
1 provisions across 1 enactments
Narendra Nishad
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
