Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34869 of 2018 Applicant :- Rahul Kumar Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Daksha Yadave, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Rahul Kumar Pandey in Case Crime No. 45 of 2018, under Sections 323, 376, 511, 504, 506, 427, 452 I.P.C., Police Station- Durgaganj, District- Bhadohi with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The victim is aged about 32 years. From the prosecution version set-up in the first information report and the statement of the victim it appears that the prosecutrix has not come out with clean hands and the reality seems otherwise. In this behalf it is argued that the F.I.R. was lodged by the victim on 11.06.2018 with the allegations that when she was alone in the house on 03.06.2018 between 9 to 10 A.M. the applicant barged into her house and attempted to commit rape on her and also caused injury to her. However, on account of personal reason she did not disclose this incident to anyone which emboldened the applicant to again make an attempt to commit rape on 11.06.2018 between 11 to 12 A.M. It is argued that in the medical report certain injuries in the nature of contusion have been noted in her medical examination report conducted on 11.06.2018 in which the duration of injuries is shown as one week back. However, there is no injury regarding the alleged incident which is said to have taken place on 11.06.2018. Besides it in the medical report itself, the doctor has not given any opinion about sexual assault on the victim. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 02.08.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Rahul Kumar Pandey be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
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 courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 17.9.2018/ Vikas