Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52156 of 2019 Applicant :- Sumit Ghosh @ Rudra Ghosh Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
From the statement of the victim under Section 164 Cr.P.C. the age of the victim appears to be 16 years. She has also admitted that she is student of class 12. She has refused to get herself medically examined and has levelled allegation of rape against the applicant. It has been submitted that without medical examination such an offence cannot be proved. The victim is studying in class 12 and as per statement under Section 164 Cr.P.C. her age is incorrect. The applicant is well known to the victim and he is alleged to be dance teacher of the victim. It has been submitted that he has been falsely implicated in this case. The Investigating Officer has not been able to collect any evidence regarding objectionable photographs or video of the victim. The applicant is in jail since 25.07.2018 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Sumit Ghosh alias Rudra Ghosh, involved in Case Crime No.2239 of 2018, under Sections 376, 120B, 384, 506 IPC and Sections 3/4 of Protection of Children From Sexual Offence Act, 2012, Police Station Sahibabad, District- Ghaziabad 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 27.11.2019 SS