Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53502 of 2019 Applicant :- J.P @ Jaipal Opposite Party :- State of U.P.
Counsel for Applicant :- Anjani Kumar Dubey Counsel for Opposite Party :- G.A., Diwanshu Tiwari
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Diwanshu Tiwari, learned counsel for the informant and learned A.G.A. for the State and perused the record.
It has been submitted that the FIR was lodged by the victim herself alleging offence under Sections 354, 323, 504 and 506 IPC. There was no allegation of rape levelled against the applicant in the FIR. However, in her statement under Section 164 Cr.P.C. she has alleged the offence of rape and has stated that she is being subjected to rape by the applicant for last one year.
Counsel for the applicant has submitted that the victim is married and major woman. She has also alleged in her statement that her husband and the victim were abused when they went to the house of applicant and her husband was also attacked with knife by the applicant and he is in hospital on account of injury. However there is no material on record to substantiate the same. The applicant is in jail since 20.09.2019 and has criminal history to one case explained in paragraph 17 of the affidavit in support of the bail application.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- J.P @ Jaipal, be released on bail in Case Crime No. 158 of 2019, under Sections- 323, 504, 506, 452, 376 IPC, Police Station- Saurikh, District- Kannauj, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 Rohit