Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31435 of 2018 Applicant :- Rai Sahab Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Kuamr Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rakesh Kuamr Yadav, 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- Rai Sahab in Complaint Case No. 1099 of 2017, under Sections 376, 511 I.P.C., Police Station- Dhaulana, District- Hapur with the prayer to enlarge him on bail.
Learned counsel for the applicant has argued that the applicant has been falsely implicated in this case. He states that no first information report was lodged regarding the alleged incident of attempted rape. The applicant has been summoned in a complaint case solely based on the statement of the victim. There is no medical report in support of the version of the victim. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 03.06.2018, 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- Rai Sahab 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 :- 23.8.2018 Vikas/-