Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3879 of 2019 Applicant :- Anil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. There is glaring inconsistency between between statement of the victim recorded under Sections 161 and 164 Cr.P.C. to the ambit that there has been possibility of rape being committed in the statement of the victim recorded under Section 161 Cr.P.C., whereas, the allegation of rape has not been supported by her and there was allegation of rape in the statement of the victim recorded under Section 164 Cr.P.C., which shows that the prosecutrix is vacillating which one of the statements can be relied. Therefore, advantage of the statement of the victim recorded under Section 161 Cr.P.C. may be given to the applicant. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 13.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Anil Kumar involved in Case Crime No.569 of 2018, under Sections 376 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, Police Station Kotwali, District Shahjahanpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 rkg