Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47388 of 2021 Applicant :- Ramdev Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Singh Rajput Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned Counsel for the applicant, learned AGA for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.96 of 2021, under Sections 376-D, 342 & 506 I.P.C., Police Station Gohan, District Jalaun, applied for bail.
Learned counsel for the applicant submits in the following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) Although present applicant is named in the FIR but he has no concern with the present crime. In FIR and statement recorded under Section 161 Cr.P.C. victim has not levelled any allegation of raped against the applicant but first time in the statement recorded under Section 164 Cr.P.C. she has levelled the allegation of rape against the applicant and one Mansingh.
(iii) Co-accused Mansingh has already been granted bail by a co-ordinate Bench of this Court on 03.12.2021 in Criminal Misc. Bail Application No.47505 of 2021 and the same allegation against present applicant has been levelled. The case of the present applicant is on similar footing, therefore, the applicant is also entitled for bail on the ground of parity also.
(iv) Applicant is in jail since 18.08.2021 without any credible evidence and having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he will continue present before the Court till disposal of the trial. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant and co-accused Mansingh have committed rape upon the victim and victim supported the prosecution case.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, co-accused Mansingh has already been granted bail, material contradictions in the statement under Sections 161 and 164 Cr.P.C. and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Ramdev Pal be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 I.A.Siddiqui