Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49377 of 2018 Applicant :- Rajesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Tiwari,Ganesh Datt Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident has been lodged on the basis of an application moved under section 156(3) Cr.P.C. and the F.I.R. of the alleged incident has been lodged after 8 months of the alleged incident. In the F.I.R. it has been mentioned that the co-accused Pawan Chaudhary had enticed away the victim and committed rape upon her. Thereafter the allegation of rape has been made against the applicant. In medical examination report the age of victim has been shown about 18 years. In fact at the time of alleged incident, the victim was major. There was love affairs in between the victim and the co-accused Pawan Chaudhary. The applicant has falsely been implicated in this case due to being relative of co-accused Pawan Chaudhary. It has further been submitted that Pawan Chaudhary has already been grated bail by another bench of this court vide order dated 17.4.2017 in Cr. Misc. Bail Application No. 13420 of 2017, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and he is in jail since 29.11.2018.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused has already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Rajesh involved in Case Crime No. 283 of 2016, under Section 376-D, 506, 344 IPC Police Station Kothibhar District Maharajganj 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.12.2018 Gss