Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7922 of 2019 Applicant :- Prem Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Ali Hasan,Istiyaq Ali,Shailendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Ali Hasan, learned counsel assisted by Shri Shailendra Yadav, who appears for the applicant, Mr. Shivpriya Prasad, learned counsel for the complainant and Mr. Magnesh Prasad Singh, learned A.G.A. for the State.
The present bail application has been filed by the applicant, Prem Prakash with a prayer to enlarge him on bail in Case Crime No. 75 of 2018, under Sections 376, 352 and 506 IPC, police station Khuthan, district Jaunpur.
Learned counsel for the applicant submitted that the applicant is a married lady and her husband resides at Delhi to earn his livelihood to maintain his family. Though, the FIR has been lodged after a delay of six days i.e. on 11.05.2018 by the victim herself for the incident, which took place on 05.05.2018, as per version of the FIR, while the victim was sleeping with her children aged about nine years and six years, the applicant entered in her house and committed the offence of rape on her. Earlier also, prior to the date of incident, the same incident happened, but she never lodged any complaint or FIR and never shared the same with anyone. The statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. are merely the repetition of the version in the FIR, but perusal of the statement of child, who was present at the time of incident, goes to show that there was no resistance by the victim to the relationship being established by the applicant. The injuries shown in the medical report are explained by stating that when the victim's husband came to know about the consensual relationship between the applicant and victim, he might have beaten her, due to which she sustained injuries. There is no such injury to show the commission of offence on the victim. The applicant is languishing in jail 16.5.2018.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Mr. Magnesh Prasad Singh, learned AGA points out that as per his instruction, there is a criminal history of one case against the applicant for the offence under Sections 506, 323, 504, 387, 452 and 447 IPC.
Considering the facts and circumstances of the case as well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
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 order granting bail shall automatically be cancelled.
Order Date :- 26.2.2019 Sumaira