Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8662 of 2019 Applicant :- Prempal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is contended by the learned counsel for the applicant that by means of an application on 156(3) Cr.P.C. with regard to an incident said to have been occurred on 7.9.2017 filed by Smt. Dayawati, the first information report was lodged against the present applicant and two others. According to the contents of FIR the accused persons were duly armed with illegal weapons alleged to have entered into the house of informant while she was sleeping on the terrace alongwith her children, they taken away her and kept her in confinement at an unknown place and committed rape on her, the accused have also snatched her jewellery. It is further contended by the learned counsel for the applicant that the statement of the prosecutrix was recorded under section 161 Cr.P.C. on 4.7.2018 so also the statement of her husband on the same day. The statement under Section 164 Cr.P.C. of the prosecutrix was recorded on 3.8.2018, she was medically examined on 5.7.2018 and no injury was found on her body and no opinion regarding any sexual assault was given. It is further contended that the prosecutrix has sworn an affidavit during the course of investigation and a perusal of the contents of the said affidavit, it is crystal clear that the prosecutrix is having dispute with her husband and she was willingly residing with the applicant in live in relation out of her free will and choice, without there being any threat, coercion or undue influence exercised by the applicant. It is further submitted that the applicant has been falsely implicated due to mala fide intention just to extract money from the applicant. From the contents of the affidavit sworn by the prosecutrix, which is part of the case diary, the prosecutrix is a consenting party, the applicant is in jail since 6.7.2018 applicant has no previous criminal antecedents.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Prempal be released on bail in Case Crime No.326 of 2018, under Sections 342, 504, 506, 376 IPC, P.S.- Aonla, District-Bareilly on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 Harshita