Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5467 of 2018 Applicant :- Salman Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Sisodia,Virendra Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri Rajiv Sisodia, learned counsel for the applicant, Shri Farid Ahmad, learned counsel for the first informant along with learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that first information report of the incident has been lodged by the father of the victim with delay of 14 days without any plausible explanation. Further submission is that there is no allegation of rape in the FIR, the allegation is with regard to attempt of rape only. Further submission is that story of rape has been developed subsequently in the statement of the victim under sections 161 & 164, Cr.P.C. in order to implicate the applicant. It is also submitted that, in fact, marriage of the applicant was earlier settled with the victim and on being revealed that victim had an affair with some other boy, it was broken whereafter a false story was cooked up and present FIR was lodged. It is further submitted that prosecution does not find support from medical evidence as there is nothing adverse in it. Further submission is that applicant is in jail since 23.12.2017 having no other criminal history to his credit and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. and learned counsel for the first informant have vehemently opposed the prayer and submitted that victim has supported the prosecution and there is no reason of false implication.
Upon hearing the respective submissions of learned counsel of both sides, considering the facts and circumstances of the case and without expressing any view on merit of the case, I find it to be a case of bail.
Let applicant- Salman be released on bail in Case Crime No. 283 of 2017, under Sections 376, 452, 506, 120B, IPC, P.S.-Kotwali Dehat, District Bijnor, on his 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 :- 27.2.2018 T. Sinha