Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9244 of 2019 Applicant :- Dharmendra Opposite Party :- State of U.P.
Counsel for Applicant :- Daya Shanker Pandey,Rakesh Tripathi I Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant bail application has been filed for bail of applicant Dharmendra, in Case Crime No. 20 of 2019, under Sections 376, 506 I.P.C., P.S. Dhaulana, District Hapur.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated due to money disputes between the informant and father of the applicant. It is further stated that in medical examination report no injury has been found on the body of injured. Applicant is a law abiding person having no criminal history and is languishing in jail since 11.1.2019. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. vehemently opposed and submits that the victim has supported the prosecution story in her statement under Section 161 and 164 Cr.P.C.
Record shows that the first information report was lodged by Smt. Geeta, mother of the victim (aged about 19 years), with allegation that on 10.1.2019 at about 4:00 a.m. when victim was feeding her animal, applicant came, enticed her away and committed rape with her.
From perusal of injury report it transpires that no external injury has been specifically mentioned although a remark that painful urination since this incident has been noted therein.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Dharmendra, involved in aforesaid case, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 16.12.2019 Vandana