Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28125 of 2018 Applicant :- Sushil Kori Opposite Party :- State Of U.P.
Counsel for Applicant :- P. K. Rao, V. B. Rao Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri V. B. Rao, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Sushil Kori in Case Crime No. 40 of 2018, under Section 376 I.P.C., Police Station- Atarra, District- Banda with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is argued that the prosecutrix is aged about 40 years and she has levelled false allegation of rape by the applicant who is aged about 27-28 years. There is no allegation that he was also armed with any weapons. In fact, applicant has been falsely implicated on account of a civil litigation pending between the Jeth of the prosecutrix and the father of the applicant. F.I.R. was lodged after four days of the alleged incident and the version of rape does not find support by any medical evidence. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 16.03.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has 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 also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Sushil Kori be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
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 courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.7.2018/ Vikas/-