Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40823 of 2016 Applicant :- Jitendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.,Rajesh Kumar Verma
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned AGA and supplementary affidavit filed by counsel for the applicant annexing therewith statement of first informant and victim examined during trial as PW-1 and 2, are taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 178 of 2016, u/s 363, 366, 376D, 342 IPC and section 6 of POCSO Act, P.S. Bhuta, District Bareilly with the prayer for enlarging him on bail.
Submission of counsel for the applicant is that the prosecutrix has been examined as PW-2 during trial in which she has stated that rape was committed upon her by two unknown miscreants and she has specifically stated that it was not the applicant and co-accused Jitendra who had committed offence; that the father of the prosecutrix was also examined as PW-1 and even he has not supported the prosecution case, therefore, in view of the statement before the trial court, the prospect of applicant for conviction is very bleak. It is also contended that the prosecution case of gang rape is not supported by the medical evidence. The applicant is in jail since 13.7.2016. It is stated that co-accused Deen Dayal has been granted bail by this Court in Bail Application no. 4514 of 2017, therefore the applicant also deserves to be enlarged on bail on the ground of parity.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Jitendra Kumar involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2018 Dhirendra/