Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49260 of 2018 Applicant :- Bhura Opposite Party :- State Of U.P. Counsel for Applicant :- Abhai Saxena Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Bhura in connection with Case Crime No. 587 of 2017, under Sections 452,376, 511, 504, 506 I.P.C., Police Station Kotwali, District Rampur.
Heard Sri Abhai Saxena, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned A.G.A., alongwith Sri Avaneesh Shukla appearing for the State.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in this case on account of animosity stemming from pending litigation between the parties. It is submitted that civil and criminal cases are pending between the families of the prosecutrix, and the two other co- accused, Majahar and Asad, along with whom the applicant has been roped in to spite the said co-accused, with whom the applicant is friends. The fact of animosity over a property dispute is admitted to the first informant so far as the co- accused, Majahar and Asad are concerned, and, also to the prosecutrix in her statement under Section 164 Cr.P.C. It is submitted further that there is a bald allegation of an attempt to rape by the prosecutrix, about which there is no tangible evidence on record. Elaborating that, the learned counsel for the applicant has said that there is no medico legal report on record to support the case of attempted rape. It is further submitted that in the statement under Section 164 Cr.P.C., the prosecutrix has not detailed the manner in which the attempt to commit rape, was made by the applicant and the other co-accused. There is only an omnibus allegation of attempt. It is further argued that the co-accused, Majahar has been admitted to the concession of bail by this Court vide order dated 25.07.2018 passed in Criminal Misc. Bail Application No. 27217 of 2018 on the foot of which the applicant is entitled to the benefit of parity.
Learned A.G.A. has opposed the prayer for bail but does not dispute the fact of parity.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there is no tangible evidence of the attempt alleged by the prosecutrix, the fact that the applicant is friends with co- accused, Majahar and Asad between whose family and the prosecutrix litigation is admittedly pending with a resultant animosity, the fact that co-accused Majahar has been admitted to bail, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Bhura involved in Case Crime No. 587 of 2017, under Sections 452,376, 511, 504, 506 I.P.C., Police Station Kotwali, District Rampur be released on bail on executing his 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 default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 20.12.2018 BKM/-