Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1019 of 2019 Applicant :- Solhu @ Rajbeer Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Singh,Abhishe Pandey,Amit Krishna Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Solhu @ Rajbeer, who is involved in Case Crime No. 810 of 2018, under Sections 354-B, 376, 511 I.P.C., P.S. Deoband, District Saharanpur, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number in response to Case Crime No. 588 of 2018 got registered on 07.07.2018 at Police Station Deoband for offence punishable under Sections 452, 323, 504 I.P.C. upon report of father of accused-applicant Shravan against Sandeep and Kaka i.e. brother of prosecutrix and one other, in which present accused-applicant was beaten by those accused persons; this report was got lodged on 29.08.2018 for an occurrence of 01.07.2018 and this was against three accused persons, out of whom two have been enlarged on bail; accused-applicant is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
The first information report was quite delayed that too by an application moved under Section 156(3) Cr.P.C.. It was with accusation against three named accused persons for doing criminal tress-pass and attempting to commit rape with informant's daughter, thereby outraging her modesty. Subsequently prosecutrix in her statement under Section 161 and 164 Cr.P.C. assigned the role of attempt to commit rape to present accused-applicant only, whereas doing criminal tress- pass, bolting door from inside and outraging modesty was assigned to all three accused persons and two have been enlarged on bail. The accused-applicant is of no criminal antecedents.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Solhu @ Rajbeer, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.4.2019 NS