Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34575 of 2020 Applicant :- Muntjir Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. It was stated that prosecutrix is a married lady aged 27 years and that her allegation that applicant has committed rape upon her on pretext of marriage is thoroughly false and baseless as the prosecutrix was already married and thus, no such question arises. It has been pointed out that in her statement under Section 164 Cr.P.C., the prosecutrix has stated that applicant has committed rape on pretext of marriage and that when she asked to marry with the applicant, he refused. Learned counsel submitted that prosecutrix has refused to undergo medical examination and her version is not supported by any medical evidence. Similarly regarding the incident of 27.07.2020, no medical examination of prosecutrix has been done. It has been submitted that the applicant is languishing in jail since 28.02.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Muntjir involved in Case Crime No.130 of 2020, under Sections 376, 452 and 506 IPC, P.S. Hafizpur, District Hapur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.7.2021 Neeraj