Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26200 of 2019 Applicant :- Prempal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Babu Sharma,Ardhendu Shekhar Sharma Counsel for Opposite Party :- G.A.,Durgesh Pandey
Hon'ble Bachchoo Lal,J.
None is present for the complainant even in revised list.
Rejoinder affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident was lodged after ten days of the alleged incident under section 363, 366 I.P.C. after recovery of the victim. In the F.I.R. no allegation of rape was made against the applicant and other co-accused. In the F.I.R. it has been mentioned that the applicant and other co-accused enticed away the victim on the pretext of marriage. The victim in her statements recorded under sections 161 and 164 Cr.P.C. has made allegation of rape against the applicant and other co accused. In fact the applicant has not committed the alleged offence. The F.I.R. was lodged after returning of the victim. If the accused persons had committed rape upon victim then she would have disclosed this fact to her parents and the F.I.R. might have been lodged with allegation of rape by the informant but there is no allegation of rape in the F.I.R. The applicant has no concern with the alleged incident. The co- accused Gautam, Veer Pal and Asharfi having identical role have already been released on bail by another bench of this of this court vide orders dated 6.2.2019, 15.2.2019 and 26.3.2019 in Cr. Misc. Bail Application Nos. 2435 of 2019, 6643 of 2019 and 21667 of 2018 respectively, therefore the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 9.4.2019.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused Gautam, Veer Pal and Asharfi having identical role have already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Prempal involved in Case Crime No.430 of 2017 (SST No. 2496 of 2018, under Section 363/34, 366, 376D, 452, 328, 506 IPC and 3/4 POCSO Act, Police Station Bilsi District Budaun 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 26.8.2019 Gss