Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45359 of 2017 Applicant :- Ramasharey Vishwakarma Opposite Party :- State Of U.P.
Counsel for Applicant :- Munna Kumar Singh,Jeevan Prakash Sharma Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
Sri Pankaj Kumar Mishra has filed his Parcha on behalf of the applicant which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
It is contended by learned counsel for the applicant that the applicant is innocent, he has no concern with the occurrence and he has been falsely implicated in this case only due to the reason that he is the father of co- accused Govind Vishwakarma, against whom there is allegation of committing rape. It is further contended that initially the F.I.R. was lodged under Section 363, 366 and 120-B I.P.C. However, the police after investigation submitted chargesheet under Section 376 I.P.C. also, falsely implicating the applicant with the aid of Section 120-B I.P.C. It is further contended that as the victim girl was in love with co-accused Govind Vishwakarma i.e. son of the applicant which is evident from several love letters written by her to co-accused Govind Vishwakarma, copies whereof have been collectively annexed as annexure - 8 to the affidavit. She has denied for her medical examination. It is further contended that the radiological age of the girl was found to be about 18 years and there is no evidence of any injury on her body. It is lastly submitted that the applicant has no criminal antecedent, he is languishing in jail since 10.8.2017, there is no likelihood of early disposal of trial and the applicant undertakes that if released on bail, he will never misuse her liberty and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the bail application but he could not point out anything relevant to contradict to the aforesaid submissions made by learned counsel for the applicant.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant Ramasharey Vishwakarma, who is involved in Case Crime No. 278 of 2017, under Sections 363, 366, 376 and 120-B I.P.C., Police Station Rampur Karkhana, District Deoria be released on bail on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the Court concerned subject to the following conditions : -
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. .
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.11.2017 S.B.