Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8115 of 2019 Applicant :- Sukesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Shri Manish Tiwary, learned counsel for the applicant and Shri O.P. Mishra, learned A.G.A. for the State and perused the record of the case.
The present bail application has been filed by the applicant, Sukesh with a prayer to enlarge him on bail in Case Crime No. 619 of 2018, under Sections 452, 376 and 506 IPC, P.S. Sadabad, district Hathras.
As per the allegations in the FIR, which has been lodged by the victim herself it has been alleged that on 2.10.2018 at about 11.00 a.m. when she was all alone at her home, applicant along with co-accused, Rameshwar visited her house and while the co-accused was said to have kept watching at the door of her house, the applicant forcibly sexually assaulted her. As per statement under Section 161 Cr.P.C. the victim has stated that her brother is a friend of the applicant and he was well known to her. She has also stated that the applicant visited her house for her brother's work. The statement of the victim recorded under Section 164 Cr.P.C. shows certain discrepancies, wherein it has been stated that while the applicant was at the victims place, where she was locked and was being sexually assaulted by the applicant, her husband reached and caught hold of Sukesh. An application has also been given by the father of the victim regarding conduct of husband of the victim, who is said to have misbehaved with the victim. It appears that being annoyed by the behaviour of her husband, who is drunker and requires money and also used to torture the victim and pressurized to lodge the present FIR with false and frivolous allegations against the applicant in order to extract money from him. The medical does not corroborated with the statement of the victim.
It is further contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 3.10.2018.
Learned A.G.A. 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 well as submissions made by the learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits of the case let the applicant involved in the aforesaid case, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the Court concerned, subject to the following conditions :-
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 order granting bail shall automatically be cancelled.
Order Date :- 27.2.2019 Sumaira