Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8223 of 2019 Applicant :- Kapil Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Kapil, who is involved in Case Crime No.82 of 2018, under Sections 376, 506 I.P.C., P.S. Hastinapur, District Meerut, is seeking enlargement on bail during the trial.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in the present case; prosecutrix in her statement recorded before the trial court has resiled from her statement previously said to be given under Sections 161 and 164 Cr.P.C.; she has categorically said that this applicant has never committed any offence of rape towards her.
Learned A.G.A. vehemently opposed the prayer for bail.
From the very perusal of statements recorded under Sections 161 and 164 Cr.P.C., it is apparent that there was statement of rape by accused applicant, but when prosecutrix was examined before trial court as PW-1 she completely resiled from her previous statement and said that it was the police personnel, who got report lodged and this accused applicant has never committed any offence of rape towards her.
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 Kapil be released on bail in Case Crime No.82 of 2018, under Sections 376, 506 I.P.C., P.S. Hastinapur, District Meerut, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.2.2019 NS