In compliance of previous order dated 3.12.2019 report of CJM, Balrampur dated 12.12.2019 has been submitted stating therein that notice has been served upon opposite party No.2. Explanation given by CJM, Balrampur is satisfactory. No further action is required.
Heard learned counsel for the applicant as well as Sri Mukesh Singh, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 6.6.2018 at 20:45 hour (after three months from the date of incident) against two persons namely, Deepu @ Deepak and Vishal @ Sajan alleging that on 1.3.2018 at 17:00 hour prosecutrix was raped by Deepu @ Deepak in her house and he threatened saying that video was prepared.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 24.9.2019(about three months) having no criminal history. He has been falsely implicated after thought with legal consultation.Even then main offence of raping the prosecutrix was committed by co-accused Deepu @ Deepak who has been granted bail by coordinate Bench of this Court vide order dated 29.4.2019 passed in Bail No. 6478 of 2018 (Bail order is annexed at pages 43-44) and the applicant is also entitled to bail. There was love affair between Deepu @ Deepak and the prosecutrix. The case of the applicant is distinguishable from the case of co-accused Deepu @ Deepak. Delay in lodging FIR has not been properly explained. There is no independent witness or eye-witness account. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the 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 applicant Vishal @ Sajan involved in Case Crime No.95 of 2018, under Section 376-D, 452, 506 IPC and 3/4 Prevention of Children from Sexual Offences Act, Police Station Tulsipur, District Balrampur be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 19.12.2019 P.P.