Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52559 of 2019 Applicant :- Ashok Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Dhirendra Kumar Verma, learned counsel for the informant and learned A.G.A. for the State.
It has been submitted that the applicant has been falsely implicated in this case. The victim is a married woman aged about 28 years as per her own admission. The applicant has been falsely implicated in this case. From the statement of the independent witnesses, it is clear that the victim had affair with the applicant despite being married woman and there was lot of talks about there affair in the locality. This led to dispute of victim with the family members thereafter applicant has been implicated in this case along with two unknown accuseds. From the medical report of the victim doctor has not found any sign suggestive forceful penetration on vagina. Sexual violence has not been ruled out. From the medical report there are injuries on the legs, back of the neck and breast of the victim. The medical examination of the victim has been conducted after five days of the incident. First information report is delayed by four days. There is no evidence whether injuries were caused by the applicant or some other person on the body of the victim or the injuries were self inflicted. The applicant is in jail since 11.10.2019 and has no criminal history to his credit.
Learned AGA and learned counsel for the informant, have vehemently opposed the prayer for bail on the ground that the victim has clearly made allegation against the applicant in her statement under Section 164 Cr.P.C. She has submitted that the applicant committed rape thrice with the applicant along with other co-accused. The applicant does not deserves to be enlarged on bail.
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 the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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, Ashok Kumar, involved in Case Crime No.334 of 2019, under Sections 376, 323, 504, 506 IPC, Police Station Jaswant Nagar, District- Etawah 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 :- 29.11.2019 SS