Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17448 of 2019 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Tripathi B.G. Bhai Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed today by Shri Amarendra Pratap Singh, Advocate on behalf of informant is taken on record.
Heard learned counsel for the applicant and learned counsel for the informant as well as learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Initially FIR was lodged only for the offence under Sections 354-Ka, 323, 504, 506 IPC. Nothing was mentioned by the victim in the FIR to attract the offence under Section 376 IPC. When statement of the victim was recorded under Section 161 Cr.P.C., nothing conclusive was stated by her to attract the offence under Section 376 IPC. For the first time, in the statement recorded under Section 164 Cr.P.C. after a gap of about eight days, offence of rape was levelled by the victim against the applicant. Referring to the above facts, it is further submitted that entire allegation levelled against the applicant are false. Present prosecution was started due to village rivalry. No incident as alleged by the victim in the statement under Section 164 Cr.P.C. ever took place. The applicant has no criminal history. He is languishing in jail since 24.01.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA as well as learned counsel for the informant argued that although nothing was mentioned by the victim in the FIR at initial stage but when her statement under Section 164 Cr.P.C. was recorded, she disclosed the every facts. It is further submitted that victim is an illiterate lady. What facts mentioned in the written report was not in the knowledge of the victim as she could not read. A prima facie case is made out.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dharmendra involved in Case Crime No. 2 of 2019, under Sections 354-A, 323, 504, 506, 376 IPC, P.S.
Dubauliya, District - Basti be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.4.2019 Sanjeet