Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8657 of 2019 Applicant :- Lokesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Vakalatnama filed today by Sri Binod Kumar Tripathi, Advocate on behalf of Binod Kumar Tripathi is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It has been contended by the learned counsel for the applicant that the FIR was lodged by the informant on 30.5.2018 with regard to the incident alleged to have taken place on 11.5.2018 in which it was alleged that the informant was issueless and therefore she has adopted a female child of her real sister and on 11.5.2018 at 5.00 p.m. the applicant came to the house of the informant in her absence and committed rape on the victim. The incident was narrated by the victim to the informant and accordingly the FIR was lodged on 30.5.2018. The statement of the informant was recorded on 30.5.2018 under section 161 Cr.P.C. in which she has repeated the version of the FIR. The victim was medically examined at District Hospital Kasganj on 31.5.2018 and according to the medical examination report no mark of injury was found on the body of the victim. The statement of the victim under section 161 Cr.P.C. was recorded on the same day and her statement under section 164 was recorded on 18.8.2018 in which the victim has levelled all false allegations against the applicant at the instance of her parents. It is further submitted that prior to the said incident there was some dispute between the father of the applicant and the father of the victim with regard to some constructions obstructing the pathway of the land of the applicant's father. The father of the victim has also lodged NCR No.77 of 2018. As a counterblast to the said case; suppressing said incident, the present false case has been foisted against the applicant. It is further contended that there is no independent witness to the occurence and only on the mala fide allegations the entire prosecution story has been manipulated and fabricated against the applicant. The applicant is in jail since 12.8.2018 and has good academic career and on account of present case his whole academic career is in danger.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Lokesh be released on bail in Case Crime No.128 of 2018 under Sections 376 and 504 IPC, and 3/4 POCSO Act, P.S.-Dholna, District-Kashganj, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 Harshita