Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28302 of 2018 Applicant :- Ramshankar And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants- Ramshankar, Manoj and Ramchandra in Case Complaint No. 218 of 2016, under Sections 323, 354-B,376, 511, 395, 397, 452, 506 I.P.C., Police Station- Chandpur, District- Fatehpur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that the prosecutrix is aged about 42 years and the applicant was falsely implicated on account of enmity over an immovable property. The allegation regarding the alleged incident is that the applicant had grabbed the prosecutrix and attempted to outrage her modesty. The F.I.R. was lodged after five months on the basis of an application under Section 156(3) Cr.P.C. After investigation, the final report was submitted against which a protest petition was filed and the same is treated as a complaint case. The applicant is facing trial in the complaint case. The prosecutrix in her statement recorded under Section 202 Cr.P.C. has stated that the applicant had made an attempt to commit rape on her. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 04.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and submitted that the prosecutrix had received some injuries on her external part of the body but could not dispute the fact that only allegation against the applicant is attempted rape.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Sharad Kumar Srivastava be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.7.2018 Vikas/-