Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31285 of 2018 Applicant :- Komal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Gautam Counsel for Opposite Party :- G.A.,Rajesh Kumar
Hon'ble Rajul Bhargava,J.
Heard Sri Rajesh Kumar Gautam, learned counsel for the applicant, Sri Rajesh Kumar, learned counsel for the informant and learned A.G.A. for the State.
The present bail application has been filed by the applicant-Komal in Case Crime No.41 of 2018, under Sections 323,, 376, 504 and 506 I.P.C., Police Station Sadar Bazar, District-Agra with the prayer to enlarge him on bail.
Learned counsel for the applicant has urged that the applicant has been falsely implicated in the present case by the first informant who happens to be wife of his younger brother. It is argued that regarding an incident of assault by the applicant, the husband of the victim and other family members which is stated to have taken place on 4.1.2018, an NCR was registered on 6.1.2018 at 1.29 a.m. on the written application of the victim in which there is only allegation of marpeet with her. Thereafter, the victim again sent a typed application to Senior Superintendent of Police, Agra in which she has alleged that on 4.1.2018 she was also raped by the applicant. In this behalf, an F.I.R. was lodged under Sections 323, 376, 504 and 506 I.P.C. Learned counsel for the applicant argued that on account of certain matrimonial differences with husband and other family members, the applicant who is elder brother of husband of the prosecutrix, has been falsely nominated in the present case. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 23.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the prayer for bail. However, they could not dispute that a non-cognizable report was registered in which no allegation of rape has been made against the applicant by the victim.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Komal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 23.8.2018 MN/-