Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34786 of 2018 Applicant :- Atul Kumar Kathariya Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 181 of 2018, under Section 376, 452 I.P.C., P.S.- Ervakatra, District- Auraiya, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the prosecutrix is a married woman aged about 22 years and although, she in her statement recorded u/s 164 Cr.P.C., has supported the prosecution case, but conjoint reading of the statement of her mother-in-law recorded u/s 161 Cr.P.C., and her own statement u/s 164 Cr.P.C. indicates that she is the consenting party. There is no explanation as to how the applicant could enter her house in the night as there is neither any allegation, nor evidence of any forced entry. He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 5.6.2018, is entitled to be released on bail during the pendency of the trial.
The prayer for bail has vehemently been opposed by learned A.G.A.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Atul Kumar Kathariya 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 in Case Crime No. 181 of 2018, under Section 376, 452 I.P.C., P.S.- Ervakatra, District- Auraiya, subject to 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the informant is free to move an application for cancellation of bail before this Court.
However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 14.9.2018 Shalini