Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2737 of 2018 Applicant :- Intazar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Manoj Kumar,Abhishek Kumar Chaubey,Mr Dadhi Bal Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Intazar, in Case Crime No.168 of 2017, under Sections 376(1), 452, 323, 504 and 506, IPC, Police Station Adampur, District Varanasi.
Heard Sri Abhishek Kumar Chaubey, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Ashutosh Diljan, learned counsel appearing on behalf of the State.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated on account of a dispute in the family relating to property where parties lived in the same premises. The applicant is a brother-in-law (Devar) of the prosecutrix. It is submitted that though allegations in the FIR, the statement under Sections 161 and 164 Cr.P.C., are consistent and categorical where rape accompanied by violence is alleged, there is no injury external or internal in the medico legal report to corroborate the aforesaid assertion. It is further pointed out that there is an allegation of a young child, Seja being assaulted, whose injury report also shows no injury. The submission of learned counsel for the applicant is that the applicant is a respectable man and is jail since 14.08.2017 and there is no end to the trial in sight. It is further argued that he has no criminal history.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegation, the evidence appearing in the case, the severity of punishment, and, in particular, the fact that there is prima facie, some background of a dispute in the family between the applicant and the prosecutrix who are close relatives relating to property and there is no medico legal corroboration of the case of a violent rape alleged, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Intazar, in Case Crime No.168 of 2017, under Sections 376(1), 452, 323, 504 and 506, IPC, Police Station Adampur, District Varanasi be released on bail on executing his 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 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 :- 28.11.2018 NSC