Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was submitted that prosecturix is mature and married lady aged about 30 years and that she was a consenting party. It was submitted that alleged first incident of rape has been shown of 11.07.2020 and that second incident has been shown of 10.08.2020 but the F.I.R. has been lodged with long delay after moving an application under Section 156 (3) Cr.P.C. The allegations regarding photograph of victim are false and baseless. The allegations that applicant has committed rape by black mailing the victim is highly improbable. It was further submitted that applicant is languishing in jail since 04.11.2020 having no criminal history and in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that victim lady has made allegations of rape.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.
Let applicant Brijesh @ Jhinak involved in Case Crime No. 1013 of 2020 under Sections 376, 354(Ga), 504, 506 I.P.C., Police Station Gorakhnath, District Gorakhpur,a be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicant shall not directly or indirectly contact the first informant, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the concerned Court.
Order Date :- 28.1.2021 S.Ali