Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8705 of 2019 Applicant :- Ritesh Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sumit Kumar,Neelabh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated due to ulterior motive; that the FIR itself is delayed and no suitable explanation has been given for the delay in lodging the FIR; that the prosecutrix is major and matured girl and her radiological age has been determined at 25 years; that there are material contradictions in the statements of prosecutrix under Sections 161 & 164 Cr.P.C. and they are also in contradiction with the averments made in F.I.R.; that the averments made in the F.I.R. are absolutely false, baseless and highly improbable; that there is love-affair between the victim and the applicant; that from the averments made in F.I.R. the prosecutrix appears to be consenting party; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 7.1.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Ritesh Jaiswal be released on bail in Case Crime No.0145 of 2018, under Sections 328, 376D, 506, 120B, 147 IPC and Section 66 of IT (Amendment) Act, 2008, P.S.-Dashashwamedh, District- Varanasi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019/LN Tripathi