Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6935 of 2021 Applicant :- Kiran Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ulajhan Singh Bind,Neetu Singh Counsel for Opposite Party :- G.A.,Sanjay Rajpoot
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. None has appeared on behalf of complainant despite taking the case in revised list.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The prosecutrix is a married lady, aged 35 years, having two children, however, her husband has passed away before two years. The allegation of prosecutrix that applicant has been committing rape upon her since last one year on pretext of marriage is false and baseless. Alleged incident of rape has been shown of 14.10.2020 but FIR has been lodged on 02.11.2020. It has been further submitted that applicant is cousin of her late husband and that the version of prosecutrix is not reliable and prosecutrix has already two children. It was submitted that in fact prosecutrix wanted to marry with applicant but her family members were against the same and that she has lodged FIR under pressure of her family members. It has been submitted that the applicant is languishing in jail since 04.12.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Kiran Kumar involved in Case Crime No.350 of 2020, under Sections 376, 504, 506 IPC, P.S.Madhotanda, District Pilibhit, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 23.9.2021 Neeraj