Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56220 of 2019 Applicant :- Veerpal @ Veeru Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhakar Yadav 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 earlier the applicant was enlarged on bail regarding offences under Sections 363, 366 and 504 IPC on 18.12.2012. Now the charges have been framed under Section 376-D IPC against the applicant and therefore he moved application before the court below for enlarged on bail for offence under Section 376-D IPC which has been rejected by the court below on 24.10.2019. It has been submitted that from the statement of the victim under Sections 161 and 164 Cr.P.C., it appears that she was consenting party and no allegation of rape was levelled against the applicant. The applicant has been incorrectly charged for offence under Section 376-D when charges have been framed. The examination of witnesses have not been started. The applicant is in jail since 30.09.2019 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- Veerpal @ Veeru, be released on bail in Case Crime No. 620 of 2012, under Sections- 376-D, 504 IPC, Police Station- Tilhar, District- Shahjahanpur, 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 :- 18.12.2019 Rohit