Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11506 of 2021 Applicant :- Ajay Kumar @ Ajay Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Singh,Yash Pratap Singh Counsel for Opposite Party :- G.A.,Mohd. Monis
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Birendra Singh, learned counsel for the applicant, Sri Mohd. Monis, learned counsel for the informant and Sri Rupak Chaubey, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 73 of 2020, under Sections 376, 354-A, 354-D, 452, 323 & 504 of I.P.C., P.S.
Sultanpur Ghosh, District Fatehpur.
As per F.I.R., lodged by the victim herself, it has been stated that she is 27 years old lady having three children and er husband is a driver. On 29.07.2020, when her husband had gone out of the house, she was cooking food and her daughter was playing outside of the house, all of a sudden, the accused applicant had entered into the house of the informant and started molesting her and tried to commit rape upon her and had beaten her also. When her daughter came to rescue her, she was also abused and thereafter the accused applicant had fled away from the spot. It is further mentioned that the accused applicant was harassing the victim for the last 10 years, when she was at her parent's house.
It has been argued by the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is further argued that the victim in the F.I.R. and in her statetment under Section 161 Cr.P.C. has not levelled any allegation of rape but after one month she has levelled allegation of rape against the accused applicant in her statement under Section 164 Cr.P.C. which is stated to have been done in front of the her daughter aged about 10 years, which is absolutely false. It is further argued that there is no injury sustained by the victim. The accused applicant has no criminal history; he is in jail since 31.07.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the informant have opposed the bail and argued that there were two independent witnesses Shakeel and Jitendra who had seen the accused applicant coming out from the house of the victim, therefore, bail of the accused applicant should be rejected.
In view of the above, this Court is of the opinion that the occurrence seems to be improbale as the same is stated to have been done in front of the daughter of the informant, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Ajay Kumar @ Ajay Singh involved in 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 that :-
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 :- 8.4.2021 VPS