Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45201 of 2018 Applicant :- Varis Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Varis in connection with Case Crime No. 272 of 2018 under Section 366, 376D IPC, P.S. Anoopshahar, District Bulandshahar.
Heard Sri Manoj Kumar Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Abhinav Tripathi, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that he is not nominated in the FIR that is lodged against Amit, Mukesh and four other unknown offenders. It is pointed out that the FIR was lodged on 26.07.2018 regarding the occurrence dated 19.07.2018. The statement of the prosecutrix under Section 164 Cr.P.C. before the Magistrate was recorded on 02.08.2018, where too the applicant has not been mentioned by as much as a whisper. However, in the statement under Section 161 Cr.P.C. dated 26.07.2018 that is part of CD Parcha no. 2, the name of the applicant has been introduced by the police on the basis of interpolated and signed statement purporting to be signed by the prosecutrix. In the said signed statement also the name of the applicant, on a bare perusal, has been interpolated lateron. It is urged that in case the prosecutrix had nominated the applicant to the police on 26.07.2018, there is no reason why she would not mention his name before the Magistrate while her statement was recorded under Section 164 Cr.P.C. on 02.08.2018.
Learned AGA has opposed the prayer for bail.
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, in particular, the fact that the applicant is not nominated in the FIR or in the statement under Section 164 Cr.P.C. but only in the victim's statement under Section 161 Cr.P.C. where his name has been interpolated, 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 Varis involved in Case Crime No. 272 of 2018 under Section 366, 376D IPC, P.S. Anoopshahar, District Bulandshahar 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:
i) 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.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.11.2018 Deepak