Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50276 of 2019 Applicant :- Abhishek Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.,Mukesh Kumar
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Mukesh Kumar, learned counsel for the informant and learned A.G.A. for the State and perused the record.
The submission is that it is a case of false implication. In the statement of the victim under Section 164 Cr.P.C allegation has been made against the applicant that he took her to his house and his mother gave her samosa to eat. After eating the same she started feeling vertigo. Thereafter the applicant threw her on cot and committed rape. In the meantime the father of the applicant came and he kissed her on her right cheek thereafter the brothers of the applicant, one of whom is serving in the Army, also tried to rape her. The maternal uncle (mama) of the applicant, Dhunni Singh, threatening her. It has been submitted that the entire family of the applicant has been roped in on the basis of false allegations made in the statement of victim under Section 164 Cr.P.C. The age of the victim as per medical report is 22 years. The applicant is in jail since 11.10.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Abhishek, be released on bail in Case Crime No. 389 of 2019, under Sections- 376, 506 IPC, Police Station- Kotwali Fatehgarh, District- Farrukhabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 :- 27.11.2019 Rohit