Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35979 of 2018 Applicant :- Mahesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Bed Prakash Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 263 of 2015, u/s 323, 376, 506 IPC and section 3/4 POCSO Act and 3(1)(12) SC/ST Act, P.S. Chhajlait, District Moradabad with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is a young lad and has been falsely implicated in this case by the first informant. In the F.I.R. role of committing rape on the prosecutrix was specifically attributed to co-accused Sonu and it is stated that the applicant and other co-accused were keeping a vigil and were present at the place of incident, however, subsequently in the statement u/s 164 Cr.P.C. the victim has alleged that all three named accused had gang raped her. During investigation, I.O. could not collect any credible evidence and final report was submitted against the applicant and he has now been summoned to face trail u/s 319 Cr.P.C. Lastly it is submitted that the case of the applicant is distinguishable from that of main accused Sonu against whom from the lodging of the F.I.R. there is consistent version of commission of rape.
Learned A.G.A. has opposed the prayer for bail and submitted that it is a case of gang rape and the victim has supported the version of gang rape in her statement. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Mahesh involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
It is made clear that the case of the applicant is distinguishable from that of main accused Sonu.
Order Date :- 25.9.2018 Dhirendra/