Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31626 of 2018 Applicant :- Ratnesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri R.P. Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.961 of 2011, under Sections 363, 366, 376(2)(G) IPC, Police Station Munderwa, District Basti, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the victim has not made any allegation of rape against the applicant in her statement under Section 164 Cr.P.C. On the contrary, she has admitted to have an affair with co-accused Mahendra Kumar. Charge-sheet was submitted only against co-accused Mahendra Kumar. However, during his trial the applicant was summoned under Section 319 Cr.P.C. He further pointed out that the victim and co-accused had also appeared before the Court and had filed a writ petition for civil protection being Writ - C No.50297 of 2011. It is stated that the victim is aged about 20 years. The order summoning under Section 319 Cr.P.C. was challenged before the Court which was stayed and subsequently it was vacated for non prosecution. Co-accused Mahendra Kumar has already been enlarged on bail. Lastly, it is stated that the applicant is languishing in jail since 4.7.2018 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Ratnesh, 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 :- 23.8.2018 Hasnain