Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44931 of 2017 Applicant :- Manish Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Virendra Singh Chauhan, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Manish Kumar in Case Crime No.105 of 2017, under Sections 376(D), 452/34 I.P.C. and 4 of Protection of Children from Sexual Offences Act, Police Station Biwanr, District-Hamirpur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is wholly innocent and has been falsely implicated in the instant case. It is argued that in fact the marriage of prosecutrix was fixed with the applicant. However, on the objection of applicant's maternal aunt (Mami), Smt. Neelam the marriage could not take place. It has also been stated that first informant in the F.I.R as well as statement recorded under Section 161 Cr.P.C.did not make any allegation of rape against the applicant. However, the prosecutrix in her statement recorded under Section 164 Cr.P.C.made improvement and made allegation of commission of rape upon her which does not find support from the medical report. So, the applicant who is in jail since 6.6.2017, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Manish Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 28.11.2017 MN/-