Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28139 of 2018 Applicant :- Pramod Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Achche Lal Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Vakalatnama filed by Sri Anand Priya Singh on behalf of the complainant is taken on record.
Heard Sri A. L. Yadav, learned counsel for the applicant, Sri Rajiv Tiwari holding brief of Sri Anand Priya Singh, learned counsel for the complainant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Pramod Yadav in Case Crime No. 43 of 2018, under Sections 376, 506 I.P.C., Police Station- Chiraiyakot, District- Mau 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 prosecutrix is aged about 36 years and she had herself lodged the First Information Report on 26.03.2018 at about 06.10 PM. She has alleged that on 23.03.2018 at about 08 AM, when she was going to her field applicant reached there and outraged her modesty. In the First Information Report, there is no allegation of rape, however, in her statement recorded under Section 164 Cr.P.C after several days, she has modulated her version and alleged that the applicant had also raped her. It is argued that medical examination of the prosecutrix was conducted on 23.09.2018, but there is nothing suggestive of penetrative sexual assault. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 19.04.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the prayer for grant of bail to the applicant and submitted that in the affidavit filed in support of the bail application certain discrepancies are there as the police station and also the date of detention mentioned in the application are incorrect, however, they could not dispute the fact that initially the F.I.R. was lodged under Section 354 and 506 I.P.C. and later on the case was converted under Section 376 I.P.C.
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-Pramod Yadav 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 :- 27.7.2018 Vikas/-