Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40531 of 2019 Applicant :- Santosh Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant bail application has been filed for bail of applicant- Santosh Patel involved in Case Crime No. 147/2016, U/s 376- D, 504, 506 I.P.C., P.S. Lalauli, District Fatehpur.
Heard learned counsel for the applicant, learned A.G.A. for the State are present and peruse the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case due to an old enmity of village party bandi as the applicant is neighbour of the complainant. There is also a dispute of land and trees between the complainant and the accused. Learned counsel further submits that at the time of occurrence, applicant was performing his private job in Gujrat. It has further been submitted that the F.I.R. was lodged after 50 days from the date of occurrence. In F.I.R. an allegation has been made against the applicant and one co-accused that on 10.3.2016 at about 6:00 p.m. when the victim had gone to the field for natural call, applicant and other co-accused caught her and committed rape. There is no independent witness of the said occurrence. Learned counsel further submits that the statement of victim under Section 164 Cr.P.C. was also recorded after 70 days from the date of occurrence. Victim is aged about 35 years and there is no evidence regarding rape in medical examination. Applicant is law abiding person having no criminal antecedents. Applicant is languishing in jail since 5.7.2019. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicant-Santosh Patel involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 30.9.2019 Saurabh