Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48963 of 2021 Applicant :- Lekhraj Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Rajesh Kumar Tiwari, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
Facts in brief are that applicant alongwith other co-accused persons took away the victim to the sasural of sister of Rajesh where rape was committed by them with the victim. F.I.R. in this regard was lodged after one month.
It is submitted that applicant is innocent and has been falsely implicated in this case. F.I.R. has been lodged after delay of one month of the said incident without any explanation thereto. During investigation charge-sheet was submitted against co- accused Rajesh and other accused persons were exonerated. There is no any evidence on record against the applicant. No allegation of rape has been levelled against him. It is further submitted that applicant has been summoned by the Court while exercising powers under Section 319 Cr.P.C. The applicant is languishing in jail since 20.02.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the 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 Lekhraj involved in Case Crime No.16 of 2019, under Sections 376D I.P.C., Police Station Ahamadgarh, District Bulandshahar, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.12.2021 Ashok Gupta