Court allowed bail to the applicant Afroz in a rape case pending trial, ordering release with a personal bond and two sureties subject to conditions of not tampering with evidence and appearing before trial court, without expressing opinion on merits.
Applicant released on bail by furnishing personal bond and two sureties.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30869 of 2018
Applicant :- Afroz Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Shailendra Sharma, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Afroz in Case Crime No. 328 of 2018, under Sections 376, 511, 452, 323, 504, 506 I.P.C., Police Station- Kotwali, District- Mau with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that according to the prosecution the prosecutrix is aged about 23 years and for the past three years on the pretext of marrying her applicant established physical relations with her. It is next contended that on 23.06.2018 applicant barged into the house of the victim and attempted to commit rape on her. The F.I.R. was lodged after about 16 days from the last incident. From the perusal of her statement recorded under Section 164 Cr.P.C., it appears that she is a consenting party. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 10.07.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
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- Afroz 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:-
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 :- 18.8.2018 Vikas/-
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case involving Sections 376 and 164 Cr.P.C.
Afroz
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
