Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35548 of 2018 Applicant :- Monti Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Krishna Kumar Singh, 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-Monti in Complaint Case No.179 of 2016 (Atar Singh Versus Monti and others), under Sections 376 and 323 I.P.C., Police Station Mundapandey, District-Moradabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. In fact, the mother of the applicant had lodged F.I.R. under Section 302 I.P.C. against the husband of the prosecutrix and his father in the year 2012. However, after investigation charge sheet was submitted under Section 306 I.P.C. It is argued that the prosecutrix who is real aunt of the applicant, in order to create pressure for share in joint family property has concocted this case. After investigation, final report was submitted. A protest petition was filed which was treated as complaint case and the applicant has been summoned to face trial. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 23.07.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant and submitted that several abrasions have been found on the person of the prosecutrix. However, he could not dispute that in the medical report no internal injury was found on the private part of the prosecutrix, though it is the case of the prosecution that the prosecutrix was carrying pregnancy of eight months. Learned counsel for the applicant states that if the victim was raped by four persons, certainly she would have received some injury on her private parts.
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-Monti 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 :- 20.9.2018 MN/-