Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31422 of 2018 Applicant :- Rajbeer Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mohd. Akbar & Sri Shah Alam Khan, learned counsels 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.99 of 2018, under Sections 376, 342 IPC, Police Station Charthawal, District Muzaffar Nagar, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the victim is a married lady. According to the first information report and the statement of the victim under Section 161 Cr.P.C. the allegation of rape has been made against co-accused Vipin alias Nitin and subsequently in the statement under Section 164 Cr.P.C., she has alleged that the applicant who happens to be the Mama of co- accused Vipin alias Nitin had also raped her along with his nephew. Lastly, it is submitted that co-accused Vipin alias Nitin has been enlarged on bail by coordinate Bench of this Court by an order dated 26.7.2018 in Bail Application No.27618 of 2018 and the case of applicant stands on better footing from that of co-accused Vipin alias Nitin. It is next submitted that the applicant is languishing in jail since 20.3.2018 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 Rajbeer, 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 :- 21.8.2018/Hasnain