Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53637 of 2019 Applicant :- Kapil Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Shanker Malviya Counsel for Opposite Party :- G.A.,Krishna Kumar Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Krishna Kumar Singh, learned counsel for the informant and learned A.G.A. for the State and perused the record.
It has been submitted that the allegation against the applicant is that he called the victim on 16.10.2019 for providing her job and thereafter committed rape after taking her to his house. It has been submitted that the medical report does not supports the allegation made in the FIR. There is no sign of any recent sexual intercourse found by the doctor. In the supplementary medical report no alive or dead spermatozoa was seen in her vaginal smear examination report. The victim is stated to be consenting party in her statement under Section 161 Cr.P.C. However in her statement under Section 164 Cr.P.C. she has alleged the offence of rape against the applicant. The applicant alleges false implication in this case. The applicant is in jail since 20.10.2019 and has no criminal history to his credit.
Per contra, Sri Krishna Kumar Singh, learned counsel for the informant has vehemently opposed the bail application. He has stated that the victim was duped by the applicant and also subjected to rape. As yet the chargesheet has not been submitted before the court and in case the applicant is released on bail, since he will tamper with the prosecution case.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Kapil, be released on bail in Case Crime No. 685 of 2019, under Section- 376 IPC, Police Station- Majhola, District- Moradabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 Rohit