Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19780 of 2018 Applicant :- Surendra Gujar Opposite Party :- State Of U.P.
Counsel for Applicant :- Suneel Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of the counsel for the applicant is that the applicant was not named in the F.I.R. and the allegations were against one named co-accused Salman and one unnamed co-accused, whose name later on got disclosed as Sajid. Attention was drawn to the statement of the victim given before the Magistrate under Section 164 of Cr.P.C. in which not a word has been whispered against the applicant. Submission is that later on during the course of investigation altogether a different story was introduced in which the applicant is said to have involved in the case and it was alleged that the applicant had managed to send the girl to the co-accused Salman in order to get him falsely implicated in the case of rape. Submission is that highly belated disclosure of this kind of story by itself cuts at the roots of its credibility and the complete omission of the applicant's participation in the crime in any manner whatsoever in previous statement of the victim carves out at least a prima facie case of bail in favour of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 18.4.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Surendra Gujar, involved in Case Crime No. 366 of 2018, u/ss. 387, 120B, 376D, 506 I.P.C., P.S.- Kotwali, District- Mathura, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 31.5.2018 Naresh