Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33155 of 2019 Applicant :- Kapur Nat Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Shri Ajay Kumar, learned counsel for the accused-applicant Kapur Nat and learned A.G.A are present. Heard on bail application.
This bail application has been in Case Crime No. 92 of 2019, under Section 376-D, 504, 506 I.P.C, Police Station Alinagar, District Chandauli.
From the perusal of the F.I.R, it appears that victim lodged the F.I.R in respect of the incident dated 08.03.2019 which took place at 8:30 P.M in the night when all the three persons named in the F.I.R caught hold of her when she had gone for natural call in field and committed rape with her in the field.
The submission of the learned counsel is that he has been falsely implicated, the other co-accused Chhannu Patel has been released on bail in Criminal Appeal No. 3665 of 2019 vide order dated 08.07.2019. Copy of bail application is on record.
It has been further submitted that during the trial the victim has been examined and she has stated that when she had gone for natural call she was caught by three unknown persons whom she could not identify as there was no source of light. She has further stated that no body committed rape on her nor anyone extended any threat to her. The learned counsel has submitted that during trial victim has been declared hostile and she has not supported the F.I.R version, therefore, on the basis of parity he should be released on bail.
Learned A.G.A has opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid fact which has been stated by the victim during the trial.
Considering the submissions made by learned counsel for the parties and also perusing the material on record, without commenting on merit of the case, let the accused-applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 22.8.2019 PS