Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25554 of 2018 Applicant :- Anil Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicant as well as Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Anil Kumar with a prayer to release him on bail in Case Crime No. - 90 of 2018, under Sections - 376, 323, 504, 506 IPC and 3/4 Protection of Children from Sexual Offences Act, Police Station - Akrabad, District - Aligarh, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of rape, punishable with imprisonment upto life;
(ii) against FIR lodged on 11.2.2018, the applicant is in confinement since 13.2.2018;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted, however, the trial has remained pending for undisputedly long period of time;
(vi) on prima facie basis only, it has been submitted, though the FIR was lodged by the uncle of the victim, no allegation of rape was made in that FIR. Then, though the allegation of rape was introduced by way of improvement in the statements recorded under Sections 161 and 164 Cr.P.C., however, in the medical examination that was done on 13.2.2018 i.e. within three days of the alleged incident, no injury mark was seen. Relying on the medical report, it has been submitted, there is no evidence that may establish rape.
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. Having heard learned counsel for the parties, it does appear that the applicant has remained confined for substantially long period of time exceeding one and a half year.
5. In such circumstances, in the entirety of the facts and circumstances of the case, it does not appear desirable to allow for continued detention of the applicant for indefinite period of time.
6. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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 shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 Prakhar