Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28264 of 2018 Applicant :- Pappu Opposite Party :- State Of U.P. Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Farid Ahmed, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Pappu in Case Crime No.67 of 2018, under Sections 376 I.P.C. and 3/4 POCSO Act, Police Station- Asmouli, District- Sambhal with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that the applicant is aged about 40 years and is a resident of different place. He is implicated in this case on account of the fact that the first informant was immediate neighbour of the applicant's sister. There were some dispute going on between the complainant and the sister of the applicant on account of which applicant went to his sister's home and entered in an argument with the complainant. The first informant after 3 days of this incident lodged an F.I.R. against the applicant for committing rape on his handicapped sister. The prosecutrix was subjected to medical examination in which no mark of injury was seen on the external or internal surface of the body. The hymen was found intact and no mark of injury or swelling or redness seen on her private parts. It is argued that the prosecutrix's version of rape by 40 years old man is belied by medical evidence. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 03.03.2018, 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, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Pappu 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 prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.7.2018/ Vikas/-