Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35376 of 2019 Applicant :- Ajeet Opposite Party :- State Of U.P.
Counsel for Applicant :- Pranat Chaudhri Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant bail application has been filed for bail of applicant- Ajeet involved in Case Crime No. 92 of 2019, under Section 376 I.P.C., P.S. Fatehganj East, District Bareilly.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and peruse the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case; as per First Information Report, an allegation has been made against the applicant that on 2.5.2019, when the victim was returning from the house of her jethani Savitri Devi after attending her daughter's marriage, applicant who was dancing in the said marriage met on way, shut her mouth, dragged her into a field and raped her. Learned counsel for the applicant submits that the applicant was employed as a labour-cum-driver by the victim's husband and due to a dispute regarding wages/salary, he has been falsely implicated in this case. The victim is aged about 26 years and is also a mother of two children. In Medical Examination Report, no evidence regarding rape has been found. Applicant is law abiding person having no criminal antecedents. Applicant is languishing in jail since 1.6.2019. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicant-Ajeet involved in aforesaid case be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 25.9.2019 Saurabh