Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52451 of 2019 Applicant :- Rajeev Kumar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Singh,Amrendra Nath Rai Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that it is a case of false implication. In the medical report and the supplementary medical report no sign of rape has been found by the doctor. The applicant alleges false implication in this case. The incident has taken place in open field and not a single scratch has been found on the body of the victim. The cause of implication of the applicant is that the uncle of the victim, Manphool, has illegally occupied 5 bighas of valuable land belonging to the family members of the applicant, when the same is still recorded in the name of his family members in the revenue record and therefore the applicant has been implicated at the behest of the uncle of victim in the present case. As per medical report the age of the victim has been found to be 16 years. Given margin of two years on the higher side she can be considered to be major. The applicant is in jail since 11.10.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Rajeev Kumar Singh, be released on bail in Case Crime No. 499 of 2019, under Section 376D IPC and Section 5/6 of POCSO Act, Police Station- Jalalabad, District- Shahjahanpur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Rohit