Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32995 of 2021 Applicant :- Tinku @ Ravindra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Singh,Akshaivar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Alleged incident has been shown of 17.06.2021 and FIR has been lodged on 19.06.2021. Learned counsel has referred the statement of victim girl, recorded under Section 161 and 164 Cr.P.C., and submitted that the version of victim that applicant has forcibly taken her away from her house at 1.30 AM in the night is improbable, as such an incident was not possible without consent of victim girl. It has been further submitted that the victim girl is a major girl, aged 19 years, and that the allegation that applicant has forcibly took her to the house of his aunt and made an attempt to commit rape upon her is false and baseless and in fact she was a consenting party. Even, according to prosecution version, the allegation of victim is that applicant has made an attempt to commit rape upon her. It has been submitted that the applicant is languishing in jail since 24.06.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Tinku @ Ravindra Kumar involved in Case Crime No.98 of 2021, under Sections 376, 511, 506 IPC, P.S. Biharigarh, District Saharanpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 he is accused, or suspected, of the commission of which he is 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 24.9.2021 Neeraj