Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27219 of 2018 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Lavkush Kumar Bhatt, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.782 of 2017, under Sections 328, 342, 354-C, 376-D, 506/34 IPC, Police Station Kotwali Farrukhabad, District Farrukhabad, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in this case. According to the statement of the victim recorded under Section 164 Cr.P.C, the applicant, co- accused Narendra Awasthi & Atul Thakur alias Atul Pratap Singh committed gang rape on her. Co-accused Atul Thakur alias Atul Pratap Singh & Narendra Awasthi have already been enlarged on bail. Accused Narendra Awasthi has been granted bail by the Court below and Atul Thakur alias Atul Pratap Singh has been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No.7614 of 2018 by an order dated 27.2.2018. The case of the applicant stands on better footing than that of co-accused Narendra Awasthi & Atul Thakur alias Atul Pratap Singh, they have been enlarged on bail. Lastly, it is submitted that the applicant is languishing in jail since 4.6.2018 having no criminal antecedents.
Learned A.G.A. 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 made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Rahul, 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 :- 24.9.2018 Hasnain