Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51999 of 2019 Applicant :- Rahul Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Maohammd Nadeem,Akhilesh Singh,Pushpendra Singh Jadon Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Rahul Kumar, with a prayer to release him on bail in Case Crime No. 103 of 2019, under Sections 376, 323, 506 IPC, Police Station Barnahal, District- Mainpuri, during pendency of trial.
Submission is that age of the victim, as per medical report, is 18 years. There are contradictions in the manner of incident and in the statements of the victim under Sections 161 and 164 Cr.P.C. Supplementary affidavit has been filed annexing therewith proving the fact that there is toilet in the house of the victim yet she has alleged going to outside the house for the same in the night at about 8:00 p.m. It has been submitted that it is a case of false implication. The medical report does not supports the prosecution case. The applicant has no criminal history to his credit and he is languishing in jail since 06.7.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of
Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 Ruchi Agrahari