Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33092 of 2019 Applicant :- Surendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Subedar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Sri Sanjay Kumar Dwivedi, Advocate, has filed his power on behalf of the complaint today which is taken on record.
Heard Sri Subedar Mishra, learned counsel for the applicant, Sri Sanjay Kumar Dwivedi,learned counsel for the complainant, learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant Surendra in connection with Case Crime No.106 of 2019, under Sections 376, 377, 328, 506 I.P.C. and 67-A I.T. Act, P.S. Raya, District Mathura.
The present F.I.R., was lodged by Smt. Neetu Devi in respect of the incident alleged to have taken place on 17.03.2019 at about 11.00 am with the allegations that the applicant-accused after giving some intoxication, committed rape with her and thereafter he prepared video. When she became unconscious she was also threatened that whenever she was called, she would have to come otherwise, the said video would be made viral on internet.
Submissions of the learned counsel for the applicant is that the applicant has been falsely implicated in this case and there is no criminal history to his credit. Neither mobile phone has been submitted to the Investigation Officer nor C.D., showing any video as alleged by the complainant. Further submission is that F.I.R. has been lodged after delay of 10 days for which no explanation has been given. Further submission of the applicant is that charge-sheet has already been filed by the police after completion of investigation and there is no chance of investigation being influenced by the applicant. Applicant is ready to furnish bail bonds and sureties as per direction of the Court and he also undertakes to appear before the trial court as and when he is required. Next submission of the learned counsel for the applicant is that the applicant is in jail since 28.03.2019 hence, the applicant is entitled to be released on bail.
Learned A.G.A. as well as Sri Sanjay Kumar Dwivedi, learned counsel for the complainant have opposed the bail plea. Learned counsel for the complainant has submitted that in the statement of the complainant this fact finds mention that the video has been made viral. However, learned A.G.A. submitted that there is no mention of any C.D. by the Investigation Officer which is alleged to have made viral, was submitted by the Investigation Officer.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the other co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Surendra involved in Case Crime No.106 of 2019, under Sections 376, 377, 328, 506 I.P.C. and 67-A I.T. Act, P.S. Raya, District Mathura, be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
The applicant shall not tamper with the prosecution evidence;
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 22.8.2019 aks