Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29699 of 2018 Applicant :- Abrar Opposite Party :- State Of U.P.
Counsel for Applicant :- Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.,Manoj Kumar Dubey
Hon'ble Rajul Bhargava,J.
Case is called out in the revised list, yet no one has appeared on behalf of the informant to oppose the bail prayer for the applicant.
Heard Sri Inder Pal Singh Tomar, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Abrar in Case Crime No. 493 of 2018, under Sections 363, 366, 376, 328, 342, 506 I.P.C., Police Station- Kotwali, District- Ghaziabad with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the prosecutrix is a married lady aged about 22 years. She has lodged the first information report after two months and 14 days of the incident wherein she has stated that the applicant on the pretext of dropping her to her home administered her some noxious thing in cold drink and when she became unconscious he took her to Ghaziabad in a hotel where he raped her and also prepared a video film. It is argued that the case was investigated and final report was submitted and the I.O. came to the conclusion that the version set-up by the prosecutrix is not true. Thereafter, the prosecutrix approached higher authority and though there was no fresh evidence against the applicant, yet the applicant has been made an accused in the present case and charge-sheet has not been submitted in the case till date. It is further argued that it is highly improbable and unbelievable that the applicant would have taken the victim to a hotel without her consent in a semi- unconscious state. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 19.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Abrar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.8.2018/ Vikas/-