Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28416 of 2018 Applicant :- Faizan Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, Sri Vikrant Pandey, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 172 of 2018, u/s 323, 324, 376, 452, 504, 506 IPC, P.S. Kotwali Dehat, District Saharanpur with the prayer for enlarging him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is contended by learned counsel for the applicant that the First Information Report was lodged by the first informant (prosecutrix) against her brother-in-law (Jeth) on 12.05.2018 regarding an incident of 02.05.2018 alleging therein that at about 9.00 p.m. when her husband was gone to work, the applicant entered her house and on the point of sword committed rape upon her. It is next submitted that there is no explanation for lodging of the F.I.R. with an inordinate delay. The prosecution version of rape is not supported by any medical evidence. It is submitted that the prosecutrix is a grown up lady aged about 28 years as per the medical report. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 18.05.2018, having no criminal history to his credit, deserves to be released on bail.
Learned A.G.A. and counsel for the informant have opposed the prayer for bail. However they could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Faizan involved in the aforesaid case crime number 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2018 Dhirendra/