Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8072 of 2019 Applicant :- Manoj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Amit Rana, learned counsel for the applicant and Shri Madnesh Prasad Singh, learned A.G.A. for the State and perused the materials available on record.
The present bail application has been filed by the applicant- Manoj with a prayer to enlarge him on bail in Complaint Case No. 2846 of 2018, under Sections 376 and 506 IPC, Police Station Kotwali City, district Bijnor.
Learned counsel for the applicant submitted that the incident took place on 9.10.2011 and the complaint was lodged after twelve days of the occurrence i.e. on 21.1.2018 alleging therein that when the daughter of the complainant was returning from Jungle she was dragged by the applicant and accused-Tinku and they have committed rape upon her on the point of pistol. On hearing the shrieks of the victim, witnesses Subhash and Surendra reached the spot. On seeing the witnesses, the applicant fled away extending life threat to the victim. As per the statement recorded under Section 200 and 202 Cr.P.C. the same versions of the complaint were reiterated, but it has been stated that the victim was returning after throwing garbage in the pond. It is further argued by the learned counsel for the applicant that when the applicant objected to this act of the victim, he has been falsely implicated in the instant case along with accused-Tinku. Neither the witnesses have been examined nor medical of the victim was conducted, which itself is a ground for bail. As per the own testimony of the victim as well as the in her statement, she has accepted her age to be 17 years. The applicant was summoned by the court below vide order dated 4.2.2012. The applicant has no criminal history to his credit and is languishing in jail since 11.8.2018.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. 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 well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case, let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
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 order granting bail shall automatically be cancelled.
Order Date :- 25.2.2019 Sumaira