Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33087 of 2021 Applicant :- Amit Maurya Opposite Party :- State of U.P.
Counsel for Applicant :- Shamimul Hasnain,Radhika Pal Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. In the FIR, no date, time and place of alleged incidents of rape have been given and merely vague allegations have been made that applicant has committed rape upon her on pretext of marriage. It was submitted that prosecutrix is already a married lady and that her divorce petition is still pending. Learned counsel has referred the statement of prosecutrix, recorded under Section 161 Cr.P.C., wherein, she has admitted that earlier she was married with one Narendra and she has a son from that marriage. Her allegation that after she obtained divorce, applicant has established physical relations with her on pretext of marriage is false and baseless as her divorce petition is still pending. In her statement, recorded under Section 164 CR.P.C., she has alleged that first incident of physical relations took place on 18.10.2020 but after that incident, no case was lodged. It was submitted that there is no evidence that applicant has made any fake face-book I.D. by the name of Kajal Pandey or made any photograph of prosecutrix viral. No such evidence could be collected during investigation. It has been submitted that the applicant is languishing in jail since 29.06.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Amit Maurya involved in Case Crime No.116 of 2021, under Sections 376, 506 IPC & Section 67-A of I.T. Act, P.S.Nagara, District Ballia, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 he is accused, or suspected, of the commission of which he is 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 24.9.2021 Neeraj