Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41605 of 2018 Applicant :- Pappu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Pappu in connection with Case Crime No. 139 of 2018 under Section 376 IPC, P.S. Gajraula, District Amroha.
Heard Sri Ajay Kumar Mishra, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix is sister of the accused-applicant who lodged an first information report alleging rape by her brother. It is pointed out by the learned counsel for the applicant that in the statement of prosecutrix under Section 164 Cr.P.C., she has said categorically that her brother had exhibited aggressive behaviour and would beat up his mother and the prosecutrix. This had continued for a long period of time. The victim had come up with an allegation of rape against her brother to ensure that he goes to jail believing bona fide that incarceration may reform him. It has categorically stated in the statement under Section 164 Cr.P.C. that nothing of the kind alleged in the FIR version happened and she was not ravished.
Learned AGA has opposed the prayer for bail but does not deny the fact that the statement of the prosecutrix under Section 164 Cr.P.C. is exculpatory.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the statement under Section 164 Cr.PC. that is exculpatory but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Pappu involved in Case Crime No. 139 of 2018 under Section 376 IPC, P.S. Gajraula, District Amroha be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 30.10.2018 Deepak