Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35798 of 2018 Applicant :- Hukum Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit has been filed by Sri Ashutosh on behalf of the applicant, which is taken on record.
Heard Sri Ashutosh, 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- Hukum Singh in Case Crime No. 64 of 2018, under Sections 376, 452, 506 IPC, Police Station- Patwai, District- Rampur with the prayer to enlarge 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 argued that the victim as per her statement recorded under Section 164 Cr.P.C. is aged about 19 years. It is the prosecution case that on 12.03.2018 at about 11 P.M. the applicant after scaling the walls of the house of the victim entered in her room. Her mother was sleeping in a nearby room and other family members were also present in the house. The applicant is stated to have committed rape on the prosecutrix after gagging her mouth. It is submitted that the F.I.R. was lodged after three days of the alleged incident for which no plausible reason for delay in lodging the F.I.R. is given. He next submitted that in the statement recorded under Section 164 Cr.P.C. the victim has stated that the applicant after committing rape was nabbed by her family members and he was also beaten up. Learned counsel for the applicant states that prima facie the manner in which the alleged incident is said to have taken place does not appear to be credible, especially, the applicant was not armed with any weapon and he would not have dared to commit such an act when all the family members of the victim were present in the house. The reality seems otherwise. The medical report does not support the prosecution version of rape. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 25.03.2018, 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- Hukum Singh 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 :- 25.9.2018 Vikas