Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34865 of 2018 Applicant :- Azad Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Dwivedi Counsel for Opposite Party :- G.A.,Ajeet Kumar Singh
Hon'ble Rajul Bhargava,J.
Sri Ajeet Kumar Singh has filed counter affidavit on behalf of the informant, which is taken on record.
Heard Sri Dharmendra Kumar Dwivedi, learned counsel for the applicant, Sri Ajeet Kumar Singh, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Azad in Case Crime No. 135 of 2018, under Sections 376-D, 452, 506 I.P.C., Police Station- Sikrara, District- Jaunpur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case by the prosecutrix. It is submitted that according to the prosecutrix about two and a half months before the lodging of the first information report the applicant and the co-accused had barged into the house of the victim and committed gang- rape on pistol point. In her statement recorded under Section 164 Cr.P.C. itself it is stated that her mother-in-law was sleeping 10-25 steps away from her. She neither raised any alarm nor disclosed this incident to anyone. When her husband came back from Mumbai she narrated him the entire incident. In the medical report, the victim was found pregnant by two months and according to the prosecutrix this pregnancy is on account of rape committed by the applicant and co-accused. However, till date there is no report of the Forensic Science Laboratory and DNA report to establish that the pregnancy is on account of gang-rape committed by the applicant and co-accused. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 01.07.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Azad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.9.2018/ Vikas