Heard learned counsel for the applicant, Sri Arun Kumar Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely Samrat Singh @ Jitu, Ghasi and two unknown persons alleging that they raped the daughter of complainant aged about 21 years and made obscene video and sent on social site. According to medical examination report, hymen was found old torn.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to statements of prosecutrix recorded under Sections 161 & 164 Cr.P.C. main allegations are made against co-accused Samrat @ Jitu. She also stated that she loved with Samrat, he made illegal relation with her will and consent. Samrat says that he will marriage with her. He made sexual relation several times. There are general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Applicant is cousin brother of co-accused Samrat @ Jitu. Main role was assigned to co-accused Samrat @ Jitu. The case of applicant is distinguishable from co-accused Samrat @ Jitu. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 21.4.2019 (more than seven months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Ghasi @ Sarvesh Singh involved in Case Crime No. 9 of 2019, under Sections 376-D, 506, 507 IPC and Section 67-A I.T. Act, Police Station Mahila Thana, District Raibareli be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.11.2019 A. Singh