Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33937 of 2018 Applicant :- Vishnu Shankar@Babloo Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.,Subhash Chandra Tiwari
Hon'ble Rajul Bhargava,J.
Sri Subhash Chandra Tiwari has filed counter affidavit on behalf of the informant, which is taken on record.
Heard Sri J. P. Yadav, learned counsel for the applicant, Sri S. C. Tiwari, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Vishnu Shankar @ Babloo in Case Crime No. 465 of 2018, under Sections 452, 376, 506, 504, 392 I.P.C., Police Station- Handia, District- Aallahabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case by the prosecutrix herself and the applicant belongs to the same family. There are some dispute between the parties over immovable property which has been admitted by the victim in her statement recorded under Section 161 Cr.P.C. The first information report has been lodged after more than 30 days of the alleged incident. The prosecution version of rape does not find support from medical evidence. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 26.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant had outraged the modesty of the victim and has been stalking her regarding which complaint has been made to higher authority. However, he could not place any such document in this regard.
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 applicant is entitled to be released on bail.
Let applicant- Vishnu Shankar @ Babloo be released on bail in the aforesaid case crime number on his 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 applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant 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 applicant.
Order Date :- 24.9.2018/ Vikas