Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52157 of 2021 Applicant :- Nanhe Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard Sri Vijay Srivastava, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Nanhe in S.T. No. 281 of 2018, arising out of Case Crime No. 127 of 2018, under Sections 366, 368 I.P.C., Police Station- Bhot, District- Rampur, with the prayer to enlarge him on bail during trial.
As per prosecution case, the complainant/victim was married on 20.04.2018 and while the victim was going to her Gher on 23.06.2018 at about 5.00 a.m. she met with the accused persons of same village, namely, Shyam Singh, Nanhey (applicant) and Ashok and when she reached near the car of the accused persons, they forcibly caught hold the victim and put her in the car. It was further alleged that accused Shyam Singh forcibly raped the victim in the car on the point of knife. She was taken to Delhi and where she was again raped by the accused persons.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The incident is alleged to have taken place on 23.06.2018, whereas, the first information report has been lodged with inordinate delay of five days, i.e. on 28.06.2018. The applicant has been summoned in this case under Section 319 Cr.P.C. on the application of the informant. It is next contended that the main accused Shyam Singh to whom role of rape has been assigned has already been enlarged on bail by a coordinate Bench of this Court vide an order dated 04.11.2020 passed in Criminal Misc. Bail Application No. 42173 of 2018. There is no early prospect of conclusion of trial. So, the applicant, who is languishing in jail since 08.10.2021, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
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, this Court is of the view that the applicant is entitled to be released on bail.
The bail application is allowed.
Let applicant- Nanhe 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 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 prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.12.2021 Vikas