Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31605 of 2018 Applicant :- Dipak Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mohammad Faisal Khan, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Dipak in Case Crime No. 57 of 2018, under Sections 323, 307, 452, 376, 511 I.P.C., Police Station- Bhorakalan, District- Muzaffar Nagar with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that admittedly the victim is aged about 21 years as per her high school certificate. In the first information report it is stated that the applicant attempted to commit rape and when victim resisted she was badly beaten by the applicant on account of which she had sustained injuries. He further states that in fact the victim and the applicant were in love affair with each other and the victim was caught in compromising state with the applicant by her parents and both of them were beaten by the parents of the victim due to which both of them had sustained injuries. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 07.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has 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 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- Dipak 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 :- 24.8.2018/ Vikas/-