Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8651 of 2019 Applicant :- Naresh Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Dixit,Santosh Singh Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is contended by the learned counsel for the applicant that the first information report was lodged by the informant/victim against the applicant and another on 4.8.2018 alleging therein that the applicant has forcibly committed rape on the informant finding her alone one day in her room; when the victim was with the applicant he threatened her stating that he will implicate her brother and father by lodging false case against them. The investigation was conducted and during the investigation the Investigating Officer recorded the statement of several witnesses, the statement of the victim under section 161 Cr,.P.C was recorded on 4.8.2008, however, in the said statement she has not supported the version of the first information report, thereafter on 7.8.2018, the statement of the victim under section 164 Cr.P.C. was recorded and thereafter on 12.8.2018 the majid bayan of the victim was recorded by the Investigating Officer in which she has given contradictory statement. The victim was medically examined on 4.8.2018 in which her date of birth was mentioned as 20.2.1994. It is further submitted that as a matter of fact the victim is the wife of the applicant and she got married with the applicant on 10.1.2017 in Arya Samaj Mandir Nagla District Budaun. It is further submitted that the co-accused, Anwar had lodged first information report against the brother and father of the victim on 16.6.2017 which was registered as Case Crime No.399 of 2017 for the offence under section 307, 504 IPC and as a counterblast to the said case, the informant has lodged the present first information report against the applicant on false and frivolous grounds. It is further contended that the applicant is languishing in jail since 8.8.2018. The applicant has no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel for the parties and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Naresh Pal be released on bail in Case Crime No.398 of 2018, under Sections 342 and 376 IPC, P.S.-Cant, District-Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 Harshita