1. Counter affidavit has been filed today. Taken on record.
2. Heard Sri Vishal Jaiswal, learned counsel for the applicant as well as Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Durgesh @ Durga Rajbhar with a prayer to release him on bail in Case Crime No. - 1185 of 2017, under Sections - 363, 366, 376, 120B IPC and Section 3/4 POCSO Act, Police Station - Nandganj, District - Ghazipur, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of rape, punishable with imprisonment upto life;
(ii) against FIR lodged on 30.12.2017, the applicant is in confinement since 11.1.2018;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) in such factual background, it has been submitted, though the victim had initially made allegation of rape against the applicant, in the statement of the victim where in she had completely distanced herself from the allegation of rape against the applicant. Reference has been made to statements of P.W.-1 and P.W.-2 recorded at the trial, a copy of which has been annexed to the second supplementary affidavit;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2019 Prakhar