Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17039 of 2021 Applicant :- Imran Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Tripathi,Anupama Tripathi,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
On perusal of record shows that in her statement under Section 161 Cr.P.C., prosecutrix has stated that she has met the applicant in a marriage and after that they used to talk with each other on phone and that on 9.01.2021 applicant took away the prosecutrix to Dheemarpur Dharmkanta and committed rape upon her. In her statement under Section 164 Cr.P.C. prosecutrix has completely exonerated the applicant and stated that a quarrel has taken place with her sister and after that she has gone to the house of her friend at Islam Nagar and after two days she returned back and came to know that her parents have lodged this case against Imran and that she does not know him. It was submitted that as per certificate of C.M.O., Bijnor, the age of prosecutrix is 18 years and that as per her high school certificate the age of prosecutrix is 20 years. It was stated that in view of statement of victim under Section 164 Cr.P.C., no case is made out against applicant. It has been submitted that the applicant is languishing in jail since 08.02.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Imran involved in Case Crime No.07 of 2021, under Sections 366, 342, 376 IPC, P.S. Heempur Deepa, District Bijnor, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.7.2021 Neeraj