Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8771 of 2019 Applicant :- Dharmpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sanjeev Kumar, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant- Dharmpal with a prayer to enlarge him on bail in Case Crime No.526 of 2018, under Sections 366, 376 I.P.C., Police Station- Hasanpur, District-Amroha.
It has been argued by learned counsel for the applicant that the applicant has been falsely implicated by the brother of the prosecutrix-Kalavati in the present case. As per the version of the F.I.R., the prosecutrix was enticed away by the applicant and taken to Haridwar, where she was sexually assaulted by the applicant. In her statement recorded under Section 161 Cr.P.C., she has repeated the same version and also stated that the applicant had taken away the victim to Haridwar, committed rape on her and went away leaving her alone. Thereafter she contacted her brother by telephone, who brought her back after 2 days. In her statement recorded under Section 164 Cr.P.C., she alleged that the applicant including one co-accused-Ikram had committed rape on her, but the same does not corroborate by the medical evidence. From the version of the statements, it appears that the applicant was in consensual relationship with the prosecutrix, therefore, she did not raise any objection while she was taken away to Haridwar. As per the medical report, the prosecutrix is aged about 19 years. The applicant does not have any previous criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 29.07.2018.
Learned A.G.A. 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 well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
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 order granting bail shall automatically be cancelled.
Order Date :- 28.2.2019 JK Yadav