Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23286 of 2019 Applicant :- Rajesh Prajapati Opposite Party :- State of U.P.
Counsel for Applicant :- Brij Raj,Chandra Prakash Pandey,Diwan Saifullah Khan,Gyan Prakash Mishra Counsel for Opposite Party :- G.A.,Manoj Kumar Tripathi Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. It is further submitted that none of the prosecution witnesses has been examined till today. Victim has changed her version from stage to stage. Referring to the statement of the victim recorded under section 164 Cr.P.C., it is further argued that allegation of committing the offence of rape was levelled against the applicant and co- accused Palley @ Ramashankar. It is further argued that co- accused Palley @ Ramashankar has been enlarged on bail by coordinate Bench of this Court vide order dated 18.8.2018 passed in criminal misc. bail application no.30944 of 2018. Case of the present applicant is not distinguishable from the case of co-accused to such extent to deny him bail. It is further argued applicant is languishing in jail since 17.9.2018 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and argued that F.I.R. was lodged against the present applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, the fact that identically placed co-accused has been released on bail, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Rajesh Prajapati involved in Case Crime No.1035 of 2017 under Sections 363, 366, 376-D IPC and Section 5/6 POCSO Act, Police Station Handia, District - Prayagraj be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021
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