Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40913 of 2018 Applicant :- Rohit Chaubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Matiur Rehman Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard Sri M.R. Khan, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that as per High School certificate the prosecutrix Sudha Pathak is major. She in her statement recorded under Sections 161 (Annexure-SA4 to the supplementary affidavit) & 164 Cr.P.C. (Annexure-2) has totally disowned the prosecution case as spelt out in the F.I.R. No marks of violence, injury or sexual assault were found on her body by the doctor who had examined her. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 10.9.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Rohit Chaubey be released on bail in Case Crime No. 188 of 2018, under Sections 363 and 366 I.P.C., P.S. Barhaj, district-Deoria 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 trail and remain present personally on each and every date fixed after release.
(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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 26.10.2018 Faridul