Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4130 of 2019 Applicant :- Nirul Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- V.P. Singh Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Nirul Kumar seeks bail in Case Crime No. 903 of 2018, under Sections 376, 452, 323, 506 IPC, P.S. Majhola, District- Moradabad.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that as per Ossification test, the victim has been found to be 19 years of age. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under Section 161 Cr.P.C. in which she has stated that she alongwith her sister were sleeping in her room and the applicant entered there and committed rape upon her and when her sister awakened, she raised an alarm and the applicant fled away. Learned counsel for the applicant has next submitted that in her statement under Section 164 Cr.P.C. the victim has stated that applicant had given her some deleterious substance, due to which she started feeling drowsy and the applicant committed rape upon her. Thus, there is sharp contradiction in the statements under Section 161 and 164 Cr.P.C, as such prima facie a case for bail is made out. Learned counsel for the applicant has next submitted that as per the medical report of the victim, no mark of external injury has been seen over her private parts. Lastly, it is submitted that applicant is in jail since 8.9.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.The applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is in jail since 8.9.2018 and applicant has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Nirul Kumar 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.1.2019 KU