Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49924 of 2017 Applicant :- Jabir Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandrakesh Mishra,Daya Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Sri Daya Shankar Mishra,, learned counsel for the applicant, Sri Mohd. Monis, learned counsel for complainant as well as learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that incident is said to have taken place on 24.11.2016 of which First Information Report has been lodged on 7.12.2016. under order of Court. Thereafter, statement of victim has been recorded under Section 161 C.P.C. in which she has denied to be sexually assaulted, she has stated that only an incident of marpeet had taken place. Victim's statement under Section 164 Cr.P.C. in which she has stated to be sexually assaulted being recorded after four and half months of the alleged occurrence is not reliable, victim and her father have submitted affidavit also to the Station Officer of the concerned Police Station denying therein the incident of sexual assault. The Charge-sheet with regard to offence of rape has been submitted on the basis of subsequent statement of victim. Further submission is that applicant is in jail since 19.9.2017, he has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses.
Learned counsel for first informant as well as learned AGA have vehemently opposed the prayer and submitted that Investigating Officer being under influence of applicant did not record statement of victim and other witnesses correctly. The true facts are that victim was sexually assaulted by the applicant and co-accused. Further Submission is that there is no reason of false implication.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against applicant and evidence in support of it and also there is no likelihood of conclusion of trial in near future, I find it to be a case of bail.
Let applicant Jabir be released on bail in Case Crime No. 602 of 2016, under Sections 452, 376D, 504 and 506 I.P.C., P.S. Khaga, District Fatehpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2018 Neeraj