Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56202 of 2019 Applicant :- Dharmendra Dohre Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Solanki,Varsha Soni Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that there is prior enmity between the applicant and the parents of the victim. The sister of the applicant has married the uncle of the victim 10 years ago without the consent of the family members of both the sides. Thereafter the old enmity is continuing. The applicant has boycotted by the family members of the other side and therefore by the FIR dated 27.07.2019 under Sections- 452, 354 IPC the applicant was falsely implicated in this case. It has been submitted that in the FIR no allegation of rape was levelled against the applicant. Thereafter the improvements were made by the victim in her statement under Section 164 Cr.P.C. alleging the offence of rape. The medical report does not supports the allegation made in the statement of the victim under section 164 Cr.P.C. The age of the victim as per medical report is about 19 years. The applicant is in jail since 06.09.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Dharmendra Dohre, be released on bail in Case Crime No. 270 of 2019, under Sections- 452 and 354 IPC, Police Station- Bakewar, District- Etawah be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 Rohit