Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8613 of 2019 Applicant :- Vijay Singh Alias Bhulli Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
It has been contended by the learned counsel for the applicant that he has been falsely implicated in the present case; that according to the prosectuion version, the first informant Rajendra Singh, husband of the prosecutrix lodged FIR on 22.07.2018 at about 17.00 hours alleging that his wife Smt. Babita, aged about 35 years was disappeared from her house on 03.07.2018 and he came to know that his wife was enticed away by accused/applicant and Taresh; that the alleged incident took place on 03.07.2018, however, the FIR was lodged on 22.07.2018 and delay in lodging the FIR was not explained by the prosecution; that during the investigation, the prosecutrix was recovered on 23.07.2018 and on the same day, the statement of the victim was recorded under section 161 C.P.C. and she was medically examined; that the statement of the victim under Section 164 Cr. P.C. was recorded on 24.07.2018 and in the statement she has not alleged anything against the applicant regarding committing of rape by applicant; that after three days of her statement under Section 164 Cr. P.C., she has made another statement before the police in which she made allegation against the present applicant regarding rape on her; that the charge sheet in this case has already been submitted on 20.10.2018; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in judicial custody since 20.07.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Vijay Singh @ Bhulli be released on bail in Session Trial No. 681 of 2018, arising out of Case Crime No. 540 of 2018, under Sections 366, 376 I.P.C., P.S. Achchnera, District Agra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 T.S.