Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31424 of 2018 Applicant :- Hasmat Opposite Party :- State Of U.P.
Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Bibhuti Narayan Singh, 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- Hasmat in Case Crime No. 159 of 2018, under Sections 376, 323, 506 I.P.C., Police Station- Kothibhar, District- Maharajganj with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case by the first informant. It is argued that in fact, the F.I.R. was lodged on 18.05.2018 at about 4.50 P.M. regarding the alleged incident which is said to have taken place on 08.05.2018 at about 8 P.M. It is further stated that the applicant was charged under Sections 107/116/151 of Cr.P.C. on the information given by the husband of the victim on 10.05.2018, copy of the challan report dated 10.05.2018 has been annexed as annexure-6 to the affidavit. Thereafter, an application was also moved by the prosecutrix under Section 156(3) Cr.P.C. on 15.05.2018, copy of which has also been annexed as annexure-5 to the affidavit. Then after the present F.I.R. was lodged on 18.05.2018 by making allegations of commission of rape by the applicant. It is argued that as the victim has been changing her version in her statements, therefore, no reliance can be placed on the truthfulness of the allegation made by the victim. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 19.05.2018, 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- Hasmat 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/-