Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32000 of 2018 Applicant :- Aman @ Chhotu Sonkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sikandar B. Kochar Counsel for Opposite Party :- G.A
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Sikandar B. Kochar, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 100 of 2018, u/s 376, 354D, 506 IPC, P.S. Madhuban, District Mau with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case on the basis of suspicion. The F.I.R. was lodged by the victim herself on 21.3.2018 naming the applicant and three others, who were the driver, conductor and Khalasi of the Bus in which the victim was travelling. It is argued that as per the statement of the victim u/s 164 Cr.P.C. she had not seen any of the accused before. So far as the applicant is concerned, she has alleged in the F.I.R. that while she was alone in the Bus, two unknown accused (Khalasi) of the Bus were taking names of each other from which she learnt the name of the applicant. It is argued that in the F.I.R. parentage and residence of some of the accused and name of the applicant with two other nick names has also been mentioned. He further submits that after investigation charge-sheet has only been submitted against the applicant and other three named accused have been exonerated. He next contended that the applicant was not put up for identification and there is no reliable evidence to establish his complicity except the fact that the victim named him in the F.I.R. and in the statement u/s 164 Cr.P.C. has stated one Aman @ Barhu @ Kallu had raped her. The medical report of the victim does not support version of rape. The applicant is in jail since 22.3.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Aman @ Chhotu Sonkar involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.8.2018 Dhirendra/