Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16999 of 2019 Applicant :- Raghuvar Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Applicant is supporter of Gram Pradhan of village concerned. Victim is major and married lady. Offence is said to have been committed on 7.8.2018 but F.I.R. was lodged on 28.8.2018. No plausible explanation regarding delay has been offered. It is further submitted that victim lady returned at her home on the same day and it has also come in evidence that she informed the entire facts to her husband but no complaint was made by the victim or her husband to anyone till lodging of F.I.R.. Referring to affidavit filed in support of bail application it is also submitted that in fact victim was willing for appointment as Anganwari Karyatri and when she failed to get said appointment, present prosecution was started on the basis of false facts.The applicant has no criminal history. He is languishing in jail since 21.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Raghuvar involved in Case Crime No. 1029 of 2018, under Sections 376-D, 506 IPC, P.S. Kotwali Lalitpur, District - Lalitpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.4.2019/safi