Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21646 of 2017 Applicant :- Jagvir Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishnu Murti Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vishnu Murti Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.118 of 2017, under Sections 452, 376, 506 IPC, Police Station Khora, District Ghaziabad, with the prayer to release him on bail.
It has been argued by learned counsel for the applicant that the prosecutrix is a married lady and the allegations of rape against the applicant are totally false and fabricated. From the averments made in the first information report itself it seems that reality was otherwise and the possibility that the prosecutrix was a consenting party cannot be ruled out. The version of rape is not supported by medical evidence. Lastly, it is submitted that the applicant is in custody since 18.3.2017.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Jagvir Singh, 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 :- 30.4.2018 Hasnain