Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3846 of 2019 Applicant :- Lalit Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Krishna Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is the uncle of the victim. The F.I.R. of the alleged incident was lodged on 11.7.2018 by the victim. In the F.I.R. it has been mentioned that about 8 months ago the applicant has committed rape upon her due to which she became pregnant. Prior to the lodging of the F.I.R. victim has not disclosed this fact to any one. There is no DNA report on record to support the prosecution version. During trial the statement of victim has been recorded as p.w.-1 before the trial court in which she has not supported the prosecution version and has been declared hostile. The victim in her statement clearly stated that the applicant has neither committed rape upon her nor threatened her to life. There is no cogent evidence against the applicant. The applicant has not committed the alleged offence and false allegation has been made against him. There is no criminal history of the applicant and is in jail since 12.7.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Lalit involved in Case Crime No.0627 of 2018, under Section 376/ 506 IPC Police Station Hapur Nagar District Hapur 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 will cooperate 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 :- 29.1.2019 Gss