Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51854 of 2019 Applicant :- Tillu @ Mansingh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that it is a case of false implication. The victim had made allegations against co-accuseds, Satendra and Puran, along with the applicant alleging against them the offence of rape. It has further been submitted that from the statement of the victim herself the prosecution story appears to be doubtful. She has admitted that at the time of commission of rape her two sisters were sleeping in the same room aged about 16 years and 12 years. In case gang rape was committed with the victim in room where two girls were sleeping she could have raised alarm. There is no explanation why no alarm was raised to save herself and to awake the two girls sleeping in the same room. It has been submitted that applicant is closely related to the victim. He is younger brother of husband of the elder sister and on account of some family dispute he has been implicated. Police has exonerated the other two co-accuseds of the alleged offence. Only the applicant has been implicated in this case. The medical report does not supports the prosecution case. The age of the victim has been found to be 17 years. Given margin of two years on the higher side she can be considered to be major. The applicant is in jail since 22.06.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Tillu @ Mansingh, be released on bail in Case Crime No. 229 of 2019, under Sections- 376, 452, 506 IPC and Section 3/4 of POCSO Act, Police Station- Jasrana, District- Firozabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 Rohit