Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45191 of 2019 Applicant :- Mrityunjay Rajbhar Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Mohan Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
There is no office report regarding service of notice upon the opposite party no.2.
The report of the C.J.M. Ballia is on record. From perusal of the aforesaid report it appears that informant Brij Mohan Rajbhar is residing at Gujrat. Notice has been served on his legal heirs. Service of notice is sufficient. No one appears on behalf the opposite party no.2.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Mrityunjay Rajbhar with a prayer to release him on bail in Case Crime No.
130 of 2019, under Sections 376, 147, 504, 506 IPC, and section 3/4 of Protection of Children From Sexual Offences Act Police Station Ubhaon, District- Ballia, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.The case is not reliable since no one will forcibly enter the house at 2 A.M. and commit rape on the victim in the presence of entire family members of the victim.The entire family members of the applicant have been implicated along with applicant.The applicant is neighbour of the victim and on account of neighbourly dispute applicant has been falsely implicated.The medical report does not supports the prosecution case. The applicant is languishing in jail since 14.8.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.11.2019 Atul kr. sri.