Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15780 of 2018 Applicant :- Devendra Opposite Party :- State Of U.P. Counsel for Applicant :- Apul Misra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of the counsel for the applicant is that according to medical examination, the age of the girl has been found to be about 19 years but actually she was fully grown up major girl. She was carrying love affair with the co-accused Sadab and she had gone along with him on her volition. Further submission is that in any view of the matter as per the allegations as have been made by her before the Magistrate under Sections 164 of Cr.P.C., she did not make any allegation against the applicant by name. During the course of investigation it is said that the vehicle that was used in carrying away the victim, was that of the applicant which he was driving at the relevant point of time. Submission is that no allegation of committing rape upon the victim has been made against the applicant. Further submission is that actually the applicant was the owner of the said vehicle and the local police used to ask him to give it from time to time for which payments were not made which has resulted in the indignation of local police which has eventually resulted into false implication of the applicant and in any view of the matter, the case of the applicant is distinguishable from that of the other co-accused. It was also pointed out that the applicant was not named in the F.I.R. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 4.1.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Devendra, involved in Case Crime No. 777 of 2017, u/ss. 363/366/368/376 I.P.C. & Sections 3/4 Protection of Children from the Sexual Offences Act, P.S.- Shahpur, District- Muzaffar Nagar, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.4.2018 Naresh