Counter affidavit filed by the learned A.G.A. and bail rejection order filed by the learned counsel for the applicant, are taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was stated that as per prosecution version, the applicant was physically exploiting the complainant since 30.10.2018 but first information report has been lodged on 04.08.2020 and no satisfactory explanation for delay in lodging the first information report has been shown. Learned counsel submitted that both the parties were having cordial relation and that applicant was regularly transferring money in account of complainant for her help and that the applicant and family of complainant have visited various places together. It was stated that due to some dispute, the first information report was lodged against the applicant making false and baseless allegations and that applicant is a 'Tantrik' and he has committed rape upon the prosecutrix. Learned counsel further pointed out that the complainant/prosecutrix is 39 years old mature and married lady and that her allegations are thoroughly improbable. Learned counsel submitted that now the applicant is languishing in jail since 04.08.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that there are allegations against the applicant that he has committed rape upon prosecutrix by giving threat.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Prakash Chand Verma involved in Case Crime No. 0266 of 2020, under Sections 376 and 506 of IPC, P.S. Link Road, District Ghaziabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall 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 them 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 :- 25.1.2021 A. Tripathi