Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32012 of 2018 Applicant :- Deshraj Kashyap @ Desha Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Krishna Gopal, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Deshraj Kashyap @ Desha in Case Crime No.449 of 2017, under Sections 366 and 376 I.P.C., Police Station Fatehganj (East), District-Bareilly with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that as per the medical report the victim is aged about 19 years. The F.I.R. was lodged after ten days of the incident after recovery of the victim in which it is only alleged that applicant had attempted to commit rape on the victim. It appears that when she came in the custody of her parents, her statement under Section 164 Cr.P.C. was recorded in which she has alleged that the applicant had raped her against her consent. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 20.01.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has 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 advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Deshraj Kashyap @ Desha 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 :- 24.8.2018 MN/-