Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40793 of 2018 Applicant :- Hotey Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Hotey Lal in connection with Case Crime No. 69 of 2017 under Section 376/452 IPC, P.S. Sirouli, District Bareilly.
Heard Sri Pradeep Kumar Shukla, learned counsel for the applicant and Sri M.P. Singh Gaur, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that the FIR giving rise to the present crime has been lodged with a delay of one and a half months at the instance of the father of the prosecutrix where through the array of parties to the application under Section 156 (3) Cr.P.C., the name of the applicant has found place in the FIR that ultimately came to be registered. He submits that in the FIR also there is no allegation whatsoever against the applicant nominating him in relation to the crime. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C. where specific allegation of rape is there, and, that mentions the solitary offender to be one Raghubir. It is emphasized that in the said statement also there is no hint or mention about the applicant's involvement.
Learned AGA has opposed the prayer for bail but does not deny the fact that the applicant is not nominated with a role in the crime, in the FIR or mentioned in the statement under Section 164 Cr.P.C.
Considering the aforesaid facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the fact that name of the applicant is not mentioned in the FIR and also in the statement under Section 164 Cr.PC. but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Hotey Lal involved in Case Crime No. 69 of 2017 under Section 376/452 IPC, P.S. Sirouli, District Bareilly be released on bail on executing a personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.10.2018 Deepak