Heard Sri Ajay Dubey, learned counsel for the applicant as well as learned AGA for the State and perused the material on record.
It is submitted by learned Counsel for the applicant that the applicant is innocent having no criminal history and has been falsely implicated in this case. The incident is alleged to have occurred on 6.12.2019 whereas the FIR was lodged after eleven months on 2.11.2020. As per version of FIR, sexual relationship was developed on false assurance of marriage by the applicant. Statements of victim were recorded under sections 161 and 164 Cr.P.C. in which she has again stated that on false assurance of marriage sexual relations were developed but later on, applicant has refused to marry her. Learned counsel further submitted that victim is major and from perusal of statements of the victim recorded under sections 161 & 164 Cr.P.C. it appears that she is consenting party, as such no offence is made out against the applicant. There is no possibility of applicant fleeing away from judicial process or tampering with prosecution evidence. The applicant is in jail since 10.11.2020 and if released on bail, will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail but could not dispute the material fact.
Upon hearing learned counsel for both the parties and upon perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant-Vishnu @ Vishnu Chahar be released on bail in Case Crime No.599 of 2020 under Sections 376, 506 IPC registered at Police Station Jagdishpura, District Agra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.1.2021 P.P.