Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31426 of 2019 Applicant :- Ratibhan Singh @ Chuniya Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Kumar Verma,Gyanendra Singh Counsel for Opposite Party :- G.A.,Arvind Kumar,Harindra Prasad
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against unknown under section 452 and 354 (Kha) IPC. The FIR was lodged by the husband of the victim. In FIR as well as in the statement of the victim recorded under section 161 Cr.P.C. no allegation of rape has been made against the applicant. The victim has disclosed the name of applicant after one month four days in her statement recorded under section 164 Cr.P.C. and she has also made allegation of rape in her statement recorded under section 164 Cr.P.C. It has further been submitted that the applicant belongs to the same village and he is known to informant as well as victim. Only due to village party bandi the applicant has falsely been implicated in the present case. It has further been submitted that at the time of medical examination no mark of injury has been found on the person of victim. The medical report also does not corroborate the prosecution version. It has further been submitted that in this case co-accused Suresh Yadav has already been released on bail by another bench of this court vide order dated 31.7.2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 3.2.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the victim in her statement recorded under section 164 Cr.P.C. and in her second statement recorded under section 161 Cr.P.C. has disclosed the name of applicant. The victim in her statement recorded under section 164 Cr.P.C. has made allegation of rape, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Ratibhan Singh @ Chuniya involved in Case Crime No. 259 of 2018, under section 452, 354-B, 376-D IPC, P.S. Baberu, District Banda 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:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall 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 :- 26.8.2019 Masarrat