Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45407 of 2017 Applicant :- Kallu Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
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. 114 of 2017, u/s 366, 376 IPC, P.S. Sirkakalar, District Jalaun with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that infact the applicant has been made scapegoat in the present case by the prosecutrix, who has infact protected her lover co- accused Kallan Singh. The F.I.R. was lodged against the applicant and co-accused Kallan Singh by the father of the victim stating that he suspects that the accused kidnapped the prosecutrix after enticing her, the prosecutrix is major girl aged about 19 years, she had refused for her internal and external medical examination as noted by the doctor, which has been annexed as annexure SA-3 to the supplementary affidavit. Learned counsel states that there is no medical report of the prosecutrix to corroborate the version of rape. The applicant is in jail since 18.9.2017.
Learned A.G.A. has opposed the prayer for bail and submitted that the applicant has criminal history of five cases.
I have perused the same and I may record that three cases are of Gunda Act, one is under the Cow Slaughter Act and other offences are petty in nature, which has been duly explained by counsel for the applicant in the supplementary affidavit.
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 Kallu Khan 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 :- 31.7.2018 Dhirendra/