Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18461 of 2021 Applicant :- Rishiraj Sahu Opposite Party :- State of U.P.
Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. It was submitted that there is no allegation of rape against applicant and the allegations of rape have been levelled against co-accused Dhirendra and that applicant was falsely implicated in this case merely because he is brother-in-law of co-accused Dhirendra. The allegation of victim that applicant was involved in kidnapping of victim, is thoroughly false and improbable as it cannot be believed that applicant along with other family members of co-accused Dhirendra would indulge in any such incident. It has been further submitted that similarly placed co- accused Mukesh, Ratan Matey @ Ratan Lal Rajput, Smt. Keshar Sahu and Saurabh have already been granted bail by co- ordinate Bench of this Court vide order dated 14.02.2020, 23.03.2021, 13.01.2020, 08.02.2021, passed in Criminal Misc.
Bail Application No. 4776 of 2020, 8559 of 2021, 1974 of 2020, 49815 of 2020. Lastly, it was submitted that the applicant is languishing in jail since 21.02.2021, having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it could not be disputed that similarly placed co-accused persons have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Rishiraj Sahu involved in Case Crime No. 118 of 2019, under Sections 363, 366, 376D, 120B of IPC and Section 5/6/17 of Protection of Children From Sexual Offences Act, P.S. Garotha, District Jhansi, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.9.2021 A. Tripathi