A bail application filed by an accused charged with rape and related offences. The court considered the application and the submissions of counsel, finding it fit for bail subject to conditions without expressing an opinion on the merits.
Applicant released on bail by furnishing personal bond and two sureties with specific conditions.
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Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24446 of 2019
Applicant :- Sonu @ Prem Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Dev Singh Chanchal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 117 of 2019, under Sections 354(A), 376, 511, 506 I.P.C., Police StationAlinagar, District- Chandauli.
As per FIR version on 26.03.2019 at about 7:30 p.m., the niece of the informant, Kajal was going Alinagar for taking medicine of her younger brother. In the way at Manas Nagar, applicant met to Kajal and caught her with bad intention, outraged her modesty and tried to commit rape. When she make noise, some persons came, then applicant and unknown persons fled away from the spot.
Learned counsel for the applicants submits that applicant is innocent and has been falsely implicated in this case. He next submitted that in the First Information Report, allegations have been made against Krishna Kumar, who is brother of the present applicant; that no specific role has been assigned to the applicant nor any misbehaviour has been shown in the conduct of the accused Sonu @ Prem Kumar. He submitted that Krishna Kumar has already been enlarged on bail by another co-ordinate Bench of this Court vide order dated 28.05.2019 passed in Criminal Misc. Bail Application No. 22234 of 2019. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 22.04.2019.
Learned A.G.A has vehemently opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit
case for bail.
Let the applicant Sonu @ Prem Kumar involved in the aforesaid crime 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:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.6.2019 V.S.Singh
1 issue framed by the court
Whether the applicant is entitled to bail in the present bail application.
Sonu @ Prem Kumar
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
