Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14033 of 2018 Applicant :- Deepak Nagar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikas Sharma,Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri Pankaj Rai, learned brief holder for the State and perused the record.
According to prosecution case, on 25.7.2017 at 10 A.M. the applicant raped the eight year's old sister of the complainant but according to medical examination report the hymen of the victim was found intact.
Learned counsel for the applicant submitted that due to suspicion the applicant has been falsely implicated in the present case. No injury was found on the body of the victim. There is no independent/eye witness account against the applicant. While recording the statement under Section 161 and 164 Cr.P.C., false statement was given by the victim after toutering. He is languishing in jail since 26.7.2017 (more than two years and three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no possibility to get the case decided in near future due to heavy work load in trial court.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Deepak Nagar involved in Case Crime No. 469 of 2017, under Sections 376 IPC and Section 5/6 POCSO Act, P.S. Masoori, District Ghaziabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 he is accused, or suspected, of the commission of which he is suspected.
5. 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.9.2019/Manish Tripathi