Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33721 of 2019 Applicant :- Avanish Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri Ved Prakash Pandey, learned counsel for the complainant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 142 of 2019, under Sections 376, 504, 506 I.P.C., P.S. Mirzapur, District Shahjahanpur.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case on account of village enmity; much reliance has been placed upon the statements of the victim recorded under Sections 161 and 164 Cr.P.C. to show that there is vast contradictions in the said statements; as per the medical examination, the victim is aged about 19 years; medical examination report does not support the case of the prosecution with regard to the allegation of rape. It is lastly contended that the accused applicant is in jail since 24.5.2019 and in case he is released on bail, he will not misuse the said liberty.
The bail application has been vehemently opposed by learned A. G. A.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Avanish involved in the aforesaid case crime number 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 :- 22.8.2019 Kuldeep