Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27618 of 2018 Applicant :- Vipin @ Nitin Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of the counsel for the applicant is that the victim is a married lady having a six year old child. According to the allegation that has been made, she was in search of some job and she was taken by the applicant in his house where she was sexually exploited. Submissions is that there is absolutely nothing to indicate that she ever resisted or protested against the alleged highhandedness of the accused- Vipin @Nitin. It has been further submitted that according to her version, she was brought in the house of accused- Vipin @Nitin on 15.3.2018 and then on 18.3.2018, she was taken to the house of his maternal uncle Rajveer. Submission is that the house of maternal uncle is about 30 kilometres away from the house of the applicant- Vipin@ Nitin. Contention is that it is highly improbable to suggest that she could be taken without her will and consent to such a long distance and she would yet not find any occasion to resist or to protest or to raise hue and cry. Submission is that there is no allegation against the applicant that he was armed with any weapon or that he used any weapon against the victim to create terror or pressure in order to make her submit or subjugate. Counsel has drawn the attention of the Court to annexure no. 5, which is an application moved on behalf of the victim- Pinki before the S.S.P. concerned, in which she has made a complete denial of all allegations against the applicants and has gone to the extent of saying that all allegations made by her earlier were all at the behest of some villagers. Submission is that the totality of the facts and circumstances of the case are such that a prima facie case for bail in favour of the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 20.3.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Vipin@Nitin, involved in Case Crime No. 99 of 2018, u/ss. 376, 342 I.P.C., P.S.- Charthawal, District- Muzaffar Nagar, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 26.7.2018 Naresh