Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47898 of 2018 Applicant :- Shailendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadh Bihari Pandey,Pravina Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated due to enmity as village party bandi; that as per averments made in FIR, applicant entered in the house of victim at about 11:30 p.m. on 17.03.2018 and forcibly committed rape on her and also committed marpeet with threat of life, and was arrested on the spot by several villagers, who taken him to police station at the time of lodging of FIR by Dinesh Kumar; that entire prosecution story is absolutely false and incorrect; that under any imagination, applicant may not enter in the house of victim in the midnight; that there are material contradictions in the statements of victim under Sections 161 Cr.P.C. and 164 Cr.P.C., as in her statement under Section 161 Cr.P.C., prosecutrix has stated that applicant came from adjoining roof, while in her statement under Section 164 Cr.P.C. she has stated that he came by door; that the real fact is that applicant is living in her Nanihal with his Nana Amar Singh in the same village and victim had borrowed some money from his Nana; that on demanding dues and denial by prosecutrix there was a dispute and marpeet with victim was committed by applicant, upon which, applicant has been falsely framed in this case for committing rape on victim; that applicant did not commit rape on victim; that medical examination report does not support the prosecution case; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 18.03.2018.
Learned A.G.A. opposed the prayer of bail and contended that applicant has been caught red handed in the midnight in the house of victim and the allegations of framing him falsely are not wrong.
Upon hearing learned counsel for the parties, 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 Shailendra be released on bail in Case Crime No. 212 of 2018 under Sections 376, 452, 323, 506 I.P.C., P.S. Khair District Aligarh on furnishing a personal bond and two heavy 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) He will not form and arrest the prosecutrix or her family members in any manner whatsoever.
(iv) 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 :- 20.12.2018 M. ARIF