Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30158 of 2021 Applicant :- Nem Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Fact in brief are that victim was taken away by applicant along with co-accused Nanhe. They went to Punjab where both of them committed rape with her.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case. Applicant has not enticed away the victim. The age of victim has been found about 18 years during medical examination. She was major at the time of alleged incident. She went with appplicant volunterily. Further submitted that co-accused Nanhe @ Nand Kishore has already been granted bail by co-ordinate Bench of this Court on 18.10.2021 through Criminal Misc. Bail Application No. 17296 of 2021, since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. He is languishing in jail since 22.12.2020, having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the 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 Nem Singh involved in Case Crime No. 283 of 2020, under Sections 363, 366, 376-D I.P.C. & Section 3/4 Protection of Children From Sexual Offences Act, P.S. Kadarchauk, District Budaun be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 A. Singh