Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4387 of 2019 Applicant :- Rizwan Opposite Party :- State Of U.P.
Counsel for Applicant :- Bipin Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that in medical report the age of victim has been shown about 19 years. At the time of alleged incident the victim was major. The victim in her statement recorded under section 161 Cr.P.C. has stated that she knows the applicant for 3 years and she loves the applicant. On 4.8.2018 at about 4.00 a.m. she had gone with the applicant on her own sweet will. The applicant has not compelled the victim to go with him. Thereafter in her statement recorded under section 164 Cr.P.C. the victim has made false allegation of rape against the applicant under the pressure of her family members. The victim remained with the applicant about 4 days at different places but during this period she did not make any hue and cry to save herself. In fact there was love affairs in between the applicant and the victim. The applicant has not committed the alleged offence and no offence is made out against the applicant. There is no criminal history of the applicant and is in jail since 10.9.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Rizwan involved in Case Crime No. 0428 of 2018, under Section 363, 366, 376 IPC police Station Fareedpur District Bareilly be released on bail on his furnishing a personal bond and 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 evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will 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 :- 30.1.2019 Gss