Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31443 of 2018 Applicant :- Dinesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Kumar,Urmila Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Vakalatnama has been filed by Sri Jameel Ahmad Azmi on behalf of the informant which is taken on record.
Heard Sri Akhilesh Kumar,Urmila Shukla, learned counsel for the applicant, Sri Jameel Ahmad Azmi, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Dinesh in Complaint Case No. 128 of 2014, arising out of Case Crime No. 79 of 2013, under Sections 376 Gha, 506 I.P.C., Police Station- Jafarganj, District- Fatehpur with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that the applicant had made a complaint against the husband of the victim in which he was summoned under Sections 452, 354, 323, 504 I.P.C. by the A.C.J.M. Court No.12, Fatehpur on 06.05.2013. Thereafter, in order to harass the informant lodged the first information report on 03.07.2013 showing the alleged incident of kidnapping by the applicant and co-accused on 01.07.2013. The matter was investigated twice and final report was submitted. Victim has filed protest petition and the same was treated as a complaint case and the applicant has been summoned to face trial in the complaint case. There is no medical evidence to support the prosecution version of rape by the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 14.07.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that it is a case of gang- rape and the victim has specifically stated about the commission of rape on her by the applicant and co-accused in her statement recorded under Section 200 Cr.P.C.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Dinesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
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 courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 23.8.2018/ Vikas/-