Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24186 of 2018 Applicant :- Vikash Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Narayan,Brijesh Sahai Counsel for Opposite Party :- G.A. and Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24183 of 2018 Applicant :- Arvind Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Narayan,Brijesh Sahai Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Brijesh Sahai, Sri Bhavya Sahai and Sri Satyam Narayan,, learned counsels for the applicants and the learned A.G.A. for the State and perused the record.
Since both these bail applications arise out of the same case crime number, therefore, they are being disposed of by a common order.
The present bail application has been filed by the applicants-Vikash and Arvind in Case Crime No.66 of 2018, under Sections 376-D and 506 I.P.C., Police Station Bhawanpur, District-Meerut with the prayer to enlarge them on bail.
The submission of the learned counsel for the applicants is that the applicants have been falsely implicated in the present case for extraneous reasons. It has been argued that in the F.I.R. lodged by the victim herself on the very day of the incident, it is alleged that on 2.3.2018 at about 7 a.m. she had gone to attend the call of nature and at that time the applicant,Vikash reached there and he also called co-accused, Arvind at the place of the incident and both the accused had dragged her to nearby field and then they raped her. The F.I.R. of the incident was lodged on the same day at 12.02 p.m. The victim was subjected to medical examination on 2.3.2018 at 2.25 p.m. The victim gave a statement before the doctor that the applicant, Vikash committed unnatural intercourse with her whereas the applicant, Arvind had attempted to rape her. It is further submitted that in the medical report the victim did not receive any injury on external part of her body even in the nature of abrasion and no injury was found on her private parts as well as on anal region. It is argued that prima facie, the prosecution version of unnatural or vaginal intercourse by the applicants is not supported by the medical report. There is no early prospect of conclusion of trial. So, the applicants, who are in jail since 31.3.2018, having no criminal history to their credit, deserve to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicants and submitted that F.I.R. was lodged promptly by the prosecutrix and there are consistent version of sexual assault and gang- rape by both the applicants. Therefore, they are not entitled to be enlarged on bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants-Vikash and Arvind be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 24.9.2018 MN/-