Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7777 of 2021 Applicant :- Vipin @ Bunty Opposite Party :- State of U.P.
Counsel for Applicant :- Mohit Singh,Kaushal Kumar,Shashi Bhushan Rai Counsel for Opposite Party :- G.A.,Nishant Kumar Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any office. It has been stated that as per prosecutrix, applicant was teasing her since last one year but during that period, no first information report was lodged. The alleged incident of rape has been shown on 28.09.2020 but first information report has been lodged after about 3 weeks on 22.10.2020 and no explanation for delay in lodging first information report has been shown. It has been submitted that prosecutrix is a married lady having two children and that her allegations regarding rape against the applicant, are thoroughly false and baseless. Learned counsel has referred the statement of prosecutrix, recorded under Section 161 and 164 Cr.P.C., and submitted that alleged witnesses Bhagwan Dai and Shanti Devi are sister-in-law of prosecutrix and thus, they are interested witness. It was submitted that in fact proceedings under Section 151, 107 and 116 (3) Cr.P.C. were initiated between the parties on 17.10.2020 and thereafter first information report of this case was lodged on 22.10.2020. Further an application was filed by the applicant under Section 156(3) Cr.P.C. against family member of prosecutrix on 04.09.2020. Learned counsel submitted that criminal history of two old minor cases has been shown against the applicant, which has duly been explained in supplementary affidavit and out of which, in one case i.e. Case Crime No. 499 of 2007, under Section 324, 323 and 504 IPC, the applicant has already been acquitted and another case is under Arms Act. Lastly, it was submitted that the applicant is languishing in jail since 24.11.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vipin @ Bunty involved in Case Crime No. 530 of 2020, under Section 376 of IPC, P.S. Nakhasa, District Sambhal, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.9.2021 A. Tripathi