Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8647 of 2019 Applicant :- Kallu @ Zulfikar Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Kumar Mishra,Rajiv Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Vakalatnama filed today by Sri Sanjay Kumar Srivastava on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the first information report was lodged by the informant against the present applicant and other persons on 11.10.2018 in which it was alleged that on 29.9.2018 when the victim was alone in her house the applicant along with other co-accused entered into her house and committed rape on her. It is further submitted that according to the prosecution version the alleged incident was occurred on 29.9.2018 but the FIR was lodged on 11.10.2018 and no explanation about the delay in lodging the FIR has been given by the informant which shows that the incident was not taken place as alleged by the prosecution. It is also submitted that the victim was medically examined but no mark of injury were found on the body of the victim. The statement of the victim under section 161 Cr.P.C. so also under 164 Cr.P.C. was recorded. It is further submitted that during the course of investigation the Investigating Officer found some fowl play and on suspension and he thoroughly investigated into the case and recorded the statement of several witnesses. After thorough investigation the Investigating Officer did not find any evidence against the accused named in the FIR accordingly submitted the final report thereafter, on the direction of the S.P., the matter has been further investigated by another I.O. but no evidence was found. It is further submitted that the victim is married lady and aged about 35 years having four children and the present applicant has been falsely implicated in this case. The present applicant has no criminal antecedents. The applicant is languishing in jail since 19.12.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment;
as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Kallu @ Zulfikar be released on bail in Case Crime No.364 of 2018, under Sections 452, 376-D, 506 IPC, P.S.-Saroorpur, District-Meerut, 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 :- 27.2.2019 Harshita