Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31036 of 2021 Applicant :- Mohan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Shukla,Om Prakash Mishra,Ravindra Kumar Singh Counsel for Opposite Party :- G.A.,Mohit Singh,Vishal Mishra
Hon'ble Ajit Singh,J.
List has been revised.
None is present on behalf of the complainant.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 175 of 2020, under Sections 328, 376, 377 and 506 I.P.C., P.S. Sahibabad, district-Ghaziabad, is seeking enlargement on bail during the trial.
The first information report was lodged by the victim herself against the present accused and co-accused Kailash, alleging therein that she is a divorcee lady and she lives in Shalimar Garden Sahibabad, Ghaziabad on rent. It was also alleged that on 22.4.2020 she came into contact with the present accused on facebook and started chatting on whats app. and on his repeated requested she agreed to meet him. It was also alleged that on 13.5.2020 the present accused visited her house with some snacks, juice etc. and after consuming juice, the alleged victim became unconscious, thereafter the present accused committed rape with her and made her obscene video. It was also alleged that after exploiting her sexually the present accused has solemnized marriage with other lady. The alleged victim is carrying a pregnancy of two months.
Learned counsel for the applicant submits that the alleged victim is admittedly major and she was in consensual relationship with the applicant and when she came to know that applicant has solemnized marriage with other lady, then a false FIR has been lodged against him with the ulterior intention of harnessing him. He lastly submits that the applicant, who is in jail since 2.4.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the alleged victim has levelled allegation of rape against the present accused in her statement recorded under Sections 161 and 164 Cr.P.C, hence he is not entitled to be enlarged on bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the age of the victim, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Mohan Singh be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.12.2021 Faridul