Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32207 of 2018 Applicant :- Krishna Kant Gaur @ K.K.
Opposite Party :- State of U.P.
Counsel for Applicant :- Aishwarya Pratap Singh,Hemendra Pratap Singh,Ramesh Chandra Pal Counsel for Opposite Party :- G.A.,Upendra Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed today. Taken on record.
2. Heard Sri Sitesh Kumar, Advocate, holding brief of Sri Hemendra Pratap Singh, learned counsel for the applicant; Sri Prem Prakash, Advocate, holding brief of Sri Upendra Kumar Singh, learned counsel for the informant as well as Sri Sanjay Kumar Singh, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Krishna Kant Gaur @ K.K. with a prayer to release him on bail in Case Crime No. - 172 of 2018, under Sections - 376, 506 I.P.C. & 3/4 POCSO Act, Police Station - Gandhi Park, District - Aligarh, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of rape of a minor girl, criminal intimidation, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 11.04.2018, the applicant is in confinement since 12.04.2018;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted, trial has commenced and there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only it may be noted, according to the applicant undisputedly, the applicant and the victim were in a relationship as has been clearly stated by the victim in her statement recorded under Section 164 Cr.P.C. In light of that admission, he has further relied on the injury report to suggest that there was no evidence of violence practised by the applicant. In fact, the injury report is stated to be indefinite as to the occurrence alleged;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
5. In view of the above, without expressing any opinion on the final merits of the case, at present, it is seen that there is no dispute as to the existence of relationship between the applicant and the victim. Also, as to the age of the victim, some doubts have been raised by learned counsel for the informant. However, no final conclusion can be drawn at this stage. Accordingly, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 Abhilash