Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7951 of 2019 Applicant :- Chandan Vishwakarma Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Nayan Singh,Nitin Yasharth Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Rajesh Pathak, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant- Chandan Vishwakarma with a prayer to enlarge him on bail in Case Crime No.445 of 2018, under Sections 376, 366, 494, 342, 506, 420 I.P.C., Police Station- Cantt., District- Allahabad.
It has been argued by learned counsel for the applicant that the applicant has been falsely implicated by the father of the prosecutrix-Aaradhana in this case. As per the version of the F.I.R., the prosecutrix was enticed away by the applicant. In her statement recorded under Section 161 Cr.P.C., she has stated that she left her house out of her own free will. Subsequently, after one month, her statement under Section 164 Cr.P.C. was recorded and she has alleged that the applicant forcefully committed the offence of rape on her. From her statement, it is clear that the prosecutrix left her house out of her own free will under the promise given by the applicant to marry her and when she came to know that he has already married person, the F.I.R. has been lodged with false and frivolous allegations. As per the medical examination report, the prosecutrix is aged about 17 years and there is no external or internal injury was found on her body. The applicant does not have any previous criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 12.11.2018.
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 well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local 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 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 order granting bail shall automatically be cancelled.
Order Date :- 25.2.2019 JK Yadav