Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26166 of 2018 Applicant :- Ishwar Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Yadav,Subhash Chandra Vishwakarma Counsel for Opposite Party :- G.A.,Ankit Saran
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned counsel for the informant is taken on record.
Heard Sri Pankaj Kumar Yadav, learned counsel for the applicant, Sri Ankit Saran, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Ishwar Chandra in Case Crime No.44 of 2018, under Sections 376 and 418 I.P.C., Police Station Phoolpur, District-Allahabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the prosecutrix is aged about 19 years as per ossification test. According to the prosecution, the applicant is alleged to have committed rape upon the prosecutrix on 28.10.2017 and when the said episode spread in the village, the respectable persons of the village pressurized the informant to compromise the matter as both of them belonged to the same community and to marry as well. It is stated that on account of assurance given by the applicant and his family members, the informant did not take any action and ultimately the applicant refused to marry the prosecutrix, then F.I.R. was lodged after four months of the incident. It is argued that in fact there was consensual relation between two adult persons. There is also no medical report to support the prosecution case. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 16.5.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant and submitted that delay in lodging of the F.I.R. had occurred on account of the fact that the first informant is an illiterate person and the Investigating Officer was colluding with the accused and pressurizing him for marriage. They have totally denied that the prosecutrix was a consenting party. However, they did not dispute that there is no medical report of the prosecutrix to support the prosecution version.
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-Ishwar Chandra 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 :- 31.7.2018/MN/-