Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57139 of 2019 Applicant :- Ambika Alias Amerika Opposite Party :- State of U.P.
Counsel for Applicant :- Saurabh Kumar,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that in the first information the allegation has been made against applicant regarding commission of rape on the victim. However, in the statement under Section 161 Cr.P.C she has stated that while co-accused Ambika was committing the alleged offence, co-accused, Shiv Pujan was catching hold of her and one Narain came on the spot. However, in the statement under Section 164 Cr.P.C she has made allegation against the applicant and the co-accused that they had raped one after the other. The victim is aged about 25 years. She is a married woman. She has falsely implicated the applicant and the co-accused, Shiv Pujan, who has already been enlarged on bail by this Court vide order dated 19.12.2019 in Criminal Misc. Bail Application No.56861 of 2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ambika alias Amerika, involved in Case Crime No.121 of 2019, under Sections 376-D, 506 IPC, Police Station Babhani, District- Sonbhadra 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 subject to following conditions.
Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 20.12.2019 SS