Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49410 of 2018 Applicant :- Shashikant Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Gautam Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the victim is a married lady aged about 35 years. The First Information Report of the alleged incident has been lodged with delay of 6 days. At the time of medical examination no mark of injury has been found on the person of victim. In the F.I.R. it has been mentioned that the husband of the victim informed the police on 100 number and handed over the applicant to the police on the same day but the F.I.R. of the alleged incident has been lodged on 11.2.2018. It has been further submitted that the circumstance shows that the lady was a consenting party and has illicit relation with the applicant. When suddenly the husband of the victim saw the incident, the applicant has been falsely implicated in the present case. It has further been submitted that the victim herself filed a complaint case against Milan and 3 others in which it has been mentioned that the applicant has not committed the alleged offence and under the pressure of Milan, Shaukat and Hardeo the F.I.R. of rape has been lodged. It has further been submitted that the prosecution story is not probable and believable. The applicant has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 13.2.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Shashikant involved in Case Crime No.0016 of 2018 under Section 376, 452, 504, 506 IPC Police Station Garautha District Jhansi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.12.2018/Gss