Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31825 of 2019 Applicant :- Amir @ Golu Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.,Anubhav Shukla,Ram Siromani Shukla
Hon'ble Pradeep Kumar Srivastava,J.
Counter affidavit has been filed from the side of AGA and from the side of complainant also today, which are taken on record.
Sri Praveen Kumar Srivastava, learned counsel for the applicant, Sri Anubhav Shukla, learned counsel for the complainant and learned AGA for the State are present.
The present bail application has been filed on behalf of the applicant Amir @ Golu in Case Crime No.488 of 2018, under Sections 452, 376, 377, 506 IPC, P.S. Kotwali, District Deoria.
As per prosecution version, the victim lodged an FIR on 24.04.2016 at about 8:00 PM stating therein that victim joined the GYM where the accused-applicant was also the member. She further states that one day the accused-applicant closed the door of the GYM and committed rape with her and prepared video and threatening to make it viral. She further stated that in the FIR the accused-applicant by making promise to marry her continued having relationship with her. By this relationship a daughter was born from their wedlock. In her statement the victim under Sections 160 & 164 Cr.P.C. repeated the same version.
Submission of learned counsel for the applicant-accused is that it is consensual relationship for which both the parties consented and they continued in relationship for about four years. He further submits that whatever happened between them was happened with the consent of parties, thus, there is no question of rape being committed by the accused-applicant. Further submission is that the victim is aged about 39 years whereas the applicant-accused is aged about 28 years. Learned counsel for the applicant submits that the accused has been falsely implicated in this case. He further states that neither video recording nor CD have been submitted to the Investigating Officer showing that the rape have been submitted. The applicant-accused has no criminal history. He is ready to to furnish the bail bond as per the direction of this Court and will appear before the Court as and when required. It is further submitted that charge-sheet has already been submitted by the police thus there is no question of investigation being influenced by the accused-applicant.
Learned AGA and the learned counsel for the complainant strongly opposed the bail application contending that after making false promise of marriage the accused-applicant continued to make sexual relationship with her for about four years.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the other co-accused have been admitted to the concession of bail by this Court, but without commencing any opinion on merits, I find it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Amir @ Golu involved in case crime no.488 of 2018, under Sections 452, 376, 377, 506 IPC, P.S. Kotwali, District Deoria be released on bail on executing a personal bond and furnishing two sureties 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 appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.8.2019 aks