Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49556 of 2019 Applicant :- Vishwas Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the main allegation is against co- accused, Praveen. Victim has alleged eloping with the co-accused, Praveen and going to Haryana. From Haryana she came to Dadri at her Aunt's house. She has alleged that the applicant, who is friend of the co-accused Praveen, also committed rape at Dadri. At Dadri the victim was residing at her Aunt's (Mausi) place, how the rape was committed by the applicant has not been explained. The applicant was not named in the first information of report or in the statement of the victim under Section 161 Cr.P.C. The age of the victim has been found to be 19-20 years. The applicant is in jail 27.09.2019 and has no criminal history of the applicant.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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 the applicant, Vishwas Kumar, involved in FIR/Case Crime No.0246 of 2019, under Sections 366, 376 IPC, Police Station Kakore, District- Bulandshahr be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.11.2019 SS