Hon'ble Court No. 52 granted bail to the applicant in Case Crime No. 69 of 2018 under Sections 504, 506, 376 IPC. Court relied on discrepancies in arrest version and stated bail was warranted without expressing opinion on merits, subject to standard conditions.
Released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27397 of 2018
Applicant :- Mahesh Chandra Opposite Party :- State Of U.P. Counsel for Applicant :- Awadhesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 69 of 2018, u/s 504, 506, 376 IPC, P.S. Sungarhi, District Pilibhit with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the prosecutrix is aged about 25 years and a married lady. As per the F.I.R., on 15.2.2018 at 3.15 am when she had gone to attend call of nature the applicant caught hold her and forcibly dragged her in his house and committed rape on pistol point. In the F.I.R. it is stated that her husband dialled 100 number and police arrested the applicant on the same day. However as per the Parcha of case diary annexed as annexure-2 to the affidavit the applicant was arrested from his house on 17.2.2018 at 12.40 am. It is argued that it is highly improbable that the applicant after committing offence would have stayed in his house. Lastly it is contended that there was enmity between the parties as detailed in para-18 of the affidavit. The medical report does not support the version of rape. The applicant has no criminal history and is in jail since 17.2.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Mahesh Chandra involved in the aforesaid case crime number 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 with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 14.8.2018 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to be released on bail in the trial court.
Mahesh Chandra
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
