Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26554 of 2018 Applicant :- Shiv Shekhar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rakesh Kumar Singh, 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- Shiv Shekhar Yadav in Case Crime No. 103 of 2018, under Sections 376-D, 506 I.P.C., Police Station- Handia, District- Allahabad with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case by the prosecutrix. The F.I.R. was lodged after four days of the alleged incident in which two accused namely Abhinav and Manish Yadav were nominated. Besides them, there were two unknown assailants as well. It is argued that the victim had made an improvement in her statement recorded under Section 164 Cr.P.C. and the allegation of rape has been made against the co-accused Abhishek and it is also stated that the applicant and other co-accused had caught hold of her legs. He further pointed out several material inconsistencies between the statement of the victim recorded under Sections 161 and 164 Cr.P.C. Lastly, it is contended that the case of the applicant is distinguishable from that of main accused Abhishek. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 24.02.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. 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- Shiv Shekhar Yadav 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 :- 7.9.2018/ Vikas/-