Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28052 of 2018 Applicant :- Budhiram @ Budhai Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sheetala Prasad Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.84 of 2018, under Sections 323, 504, 506, 376, 452 IPC, Police Station Gaur, District Basti, with the prayer to release him on bail.
It has been contended by learned counsel for the applicant that the prosecutrix is aged about 45 years having grownup children. She has alleged that the applicant had raped her for the past 3-4 years. However, learned counsel submits that as per the averments made in the first information report and the statement under Section 164 Cr.P.C. the tenor of her statement would reflect that physical relation was established by the applicant with the prosecutrix with her consent, especially in view of her statement that even when other family members were present in the house, the applicant surreptitiously used to enter the house and after closing the door he used to rape. The applicant is custody since 9.6.2018.
Learned A.G.A. 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 made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Budhiram @ Budhai, 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 :- 27.7.2018 Hasnain