Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28418 of 2018 Applicant :- Prasant Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Sunder Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Durgesh chandra Tiwari, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 534 of 2017, u/s 365, 376, 406, 506 IPC, P.S. Sikandarpur, District Ballia with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the prosecutrix is major lady aged about 25 years. In the F.I.R. itself it is alleged that the applicant on the pretext of her husband's condition being serious has taken some money and the prosecutrix had accompanied him, thereafter, he committed rape on her. The F.I.R. of the incident was lodged after more than a month. It is argued that infact he has been implicated on account of dispute over money transaction. The medical report does not support the prosecution version of rape.
Learned A.G.A. has opposed the prayer for bail and submitted that the applicant is nephew of the prosecutrix and there was no reason for false implication.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Prasant involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2018 Dhirendra/