Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 450 of 2018 Applicant :- Khyali Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Submission of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the present case. The FIR of the alleged incident was lodged with the delay of six days on 25.1.2017 showing the incident dated 19.1.2017 and the same was registered as case crime no. 43 of 2017, under sections 354, 506 IPC against the applicant. The victim in her statement recorded under section 161 Cr.P.C. has not made any allegation of rape against the applicant. Thereafter, in her statement recorded under section 164 Cr.P.C. the victim has made the allegation of rape against the applicant. In fact no such incident has taken place. The victim is a married lady aged about 23 years. The victim herself refused for medical examination. There is no medical evidence on record to support the prosecution version. The husband of the victim is a rickshaw puller and a drinker. He has taken a sum of Rs. 3,200/- from the applicant and when the applicant demanded his money then the applicant has falsely been implicated in the present case. The false story has been concocted by the prosecution. With regard to the criminal history of the applicant it has been submitted that the applicant has not been convicted in any case so far. The applicant is in jail since 2.6.2017.
Per contra, learned A.G.A opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Khyali Ram involved in Case Crime No. 43 of 2017, (S. T. No. 701 of 2017), under Sections 376, 506 IPC, P.S. C.B. Ganj, District Bareilly be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.1.2019 A.