Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25079 of 2018 Applicant :- Sheru @Shailendra Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Anil Kumar Mishra, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Sheru @Shailendra Pandey in Case Crime No.219 of 2018, under Sections 376 and 506 I.P.C., Police Station Robertsganj, District-Sonebhadra with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the prosecutrix is a married lady aged about 28 years. The F.I.R. was lodged after 20 days of the incident. As per the statement of the prosecutrix recorded under Section 164 Cr.P.C. the applicant is stated to have entered her house after scaling the walls and committed rape upon her. However, she did not disclose this fact to any one in the night and in the morning she narrated this incident to her mother-in-law. It is submitted that the prosecutrix was carrying pregnancy of two and half months and if forcible rape was committed upon her, she would have at least sustained some injuries or had bled. However, no such injury was found in the medical report. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 23.04.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Sheru @Shailendra Pandey be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.7.2018 MN/-