Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13701 of 2019 Applicant :- Shamsher Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Roy Sharma Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Rajesh Kumar Roy Sharma, learned counsel for the applicant and the learned A.G.A. Perused the record.
As per allegation in complaint, on 26.11.2015 at 6.00 P.M. applicant came to the victim's house, who is uncle-in-law of the victim, and asked about other family members, she replied that all the members has gone to Jeeshan's house. Thereafter applicant came into her room and close her mouth with his hand and raped her. Thereafter he closed the door from the outside and ran away. That at that time Heeba and Irshad came there and opened the door and they saw the applicant, who was going with another person towards Ghas Ki Mandi. On same set of fact on 4.12.2015 an F.I.R. was lodged by the victim against the applicant as Case Crime NO. 0768 of 2015 under Sections 452, 376 & 312 I.P.C. at Hathras, Kotwali Police Station, in which the investigation officer submitted final report after investigation.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case due to taking revenge; that no protest petition filed by victim against the final report in earlier police case; that applicant is guardian of the husband of the complainant and she is living in her Mayka, applicant tried many times to return her back but she refused; that applicant made Panchayat for bidai of the complainant, and therefore, only for taking revenge, this complaint was made by the complainant against the applicant; that as per pathological report vaginal smear of received slider are found negative for spermatozoa; . He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 20.02.2019 having no criminal history.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Shamsher involved in Complaint Case No. 843 of 2016, under Sections 452, 376, 342 I.P.C., P.S. Kotwali Hathras, District Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed of.
Order Date :- 27.11.2019 Vibha Singh