Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47991 of 2021 Applicant :- Babu @ Krishna Kumar Prajapati Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.200 of 2021, under Sections 376, 452, 506 I.P.C., Police Station Sumerpur, district Hamirpur.
FIR of this incident was lodged by the complainant against the present accused Babu @ Krishna Kumar Prajapati about the incident, which happened on 3.7.2021 at about 10.00 p.m. and it was alleged that the present accused has knocked the door of the complainant's house and when she opened the door then the present accused has entered her house and forcibly raped her and when complainant raised alarm then some members of the locality came there then accused ran away after pointing country made pistol.
Learned counsel for the applicant has submitted that the accused-applicant Babu @ Krishna Kumar Prajapati is innocent and he has been falsely implicated in this case with the ulterior motive. Learned counsel for the applicant has further submitted that the alleged victim was in consensual relationship with the present accused and she has called the present accused to her house as the applicant's husband was outside the house and there were only younger children in the house. Learned counsel for the applicant has further submitted that when the accused was entering the house of the complainant then he was seen by some other persons of the locality and when they objected, victim then lodged a false report against him. Learned counsel for the applicant has further submitted that injury report does not support the allegation of the rape as there was no injury on the person of the present applicant. He submitted that the applicant is languishing in jail since 13.7.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant as well learned A.G.A. have opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, period of detention in jail, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Babu @ Krishna Kumar Prajapati involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.12.2021 AU