Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48152 of 2020 Applicant :- Mukesh Tomar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar,Ashwini Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed by learned AGA is taken on record.
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. 381 of 2020, under sections 376, 323 IPC and section 3/4 of Protection of Children From Sexual Offences Act, 2012, police station Kasganj, district Kasganj, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant about rape committed by the present accused on the person of the sister-in-law of the complainant, who was said to be 16 years of age, when she was sleeping with her sister on the roof of the house. The present accused applicant tried to caught hold by the complainant, he was ran away after assaulting him with a knife. The matter was reported to the police on 112 number and then police came and present FIR has been lodged and the medical examination of alleged victim was conducted.
Learned counsel for the applicant has submitted that the applicant is quite innocent and has been falsely implicated in the case with ulterior motive. It is next submitted by the learned counsel for the applicant that the alleged victim has not supported the prosecution version in her statement recorded under section 164 Cr.P.C., copy of which has been annexed at page No. 59, in which she has specifically stated that while she was sleeping with her sister, she dreamed that a boy was standing beside her, due to which she cried out in panic, then her brother-in-law came to the roof of the house and asked her what had happened, she stated the same to her brother-in-law. After that, her brother-in-law lodged a false FIR against the applicant as there was enmity between the family of present applicant and family of the complainant. Learned counsel for the applicant further submitted that the applicant is in jail since 10.09.2020 and the alleged victim was major at the time of incident, which is evident from her medical examination report, copy of which has been annexed at page 56 of the application, in which she was found to be 18 years of age, therefor the applicant is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and considering the period of detention of the applicant in jail, 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, Mukesh Tomar, 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 :- 21.12.2021 Sazia