Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49386 of 2021 Applicant :- Karan Balmiki Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Ansar Ahmad,Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that applicant entered into the room of his bhabhi and committed rape with her.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case on account of family dispute. He has committed no offence. F.I.R. has been lodged after delay of five days having no explanation thereto. Medical report does not corroborate the allegation of rape with the victim. There is no evidence against the applicant regarding commission of rape on record. Pathological report has also not supported the prosecution case. He is languishing in jail since 18.08.2021, having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Karan Balmiki involved in Case Crime No. 554 of 2021, under Sections 457, 380 I.P.C. P.S. Sikandrabad, District Bulandshahr be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 A. Singh Digitally signed by Justice Subhash Chandra Sharma Date: 2021.12.20 16:38:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad