Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11391 of 2021 Applicant :- Tinku Sagar Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.S.
Heard Sri Vijay Bahadur, Advocate holding brief of Sri Ravindra Kumar, learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 127 of 2020, under Sections 452, 376, 323, 504 & 506 of I.P.C., P.S. Chandapa Kotwali, District Hathras.
As per F.I.R., lodged by the victim herself, it has been stated that on 10.03.2020, at about 08:00PM, at the time of holi festival, the accused applicant had entered in her house with liquor bottle in order to drink the same there, which was resisted by the informant and the accused applicant had gone from there and the victim along with her children went to sleep and her husband had also slept after consuming a lot of liquor. Thereafter, the accused applicant had entered into room of the victim and recorded blue film after removing her clothes and committed rape upon her forcibly and when she resisted, the accused applicant threatened her that her children would be killed and video would be made viral.
It has been argued by the learned counsel for the accused applicant that the husband of the victim had borrowed Rs. 50,200/- from the father of the accused applicant and when the same could not be paid, the informant has implicated the accused applicant falsely. It is further argued that the victim has not sustained any injury as per medical examination report. The accused applicant is in jail since 26.08.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and argued that the victim has supported the prosecution version in her statements under Section 161 & 164 Cr.P.C. and as per medical examination report, she has suffered external injuries on her left eye, thigh and arm.
Looking to the fact that the occurrence is said to have been taken inside the house of the victim in the presence of her children and husband, which seems to be improbable, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Tinku Sagar involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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 :- 8.4.2021 VPS