Bail application filed by Sanjay Mishra in a rape case. Court observed lack of medical evidence supporting victim's version and applicant's clean record. Bail granted on personal bond and sureties with standard conditions.
Released on bail on furnishing personal bond and two reliable sureties of equal amount.
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Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6184 of 2018 Applicant :- Sanjay Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Shri Prakash Dwivedi,K.S. Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava, J.
Counter affidavit filed by learned AGA, same is taken on record. Heard Sri Shriprakash Dwivedi & Sri K.S. Tiwari, learned counsels for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.421 of 2017, under Sections 376, 342 IPC, Police Station Kachhwan, District Mirzapur, with the prayer to release him on bail.
Learned counsels for the applicant submits that the applicant has been falsely implicated in this case by the prosecutrix, who as per the Parivar register aged about 37 years. She has disclosed her age to be 27 years in the statement under Section 164 Cr.P.C. In fact, the applicant has been falsely implicated in this case at the instance of his neighbour one Shitala Prasad in whose house the victim is working as servant. It is argued that the first information report was lodged against Shitala Prasad about two months back. Thus, in order to create pressure, false allegation of rape has been made against the applicant by the victim. The version of rape has not supported by medical evidence. Lastly, it is contended that the applicant is languishing in jail since 23.12.2017 having no criminal antecedents to its credit.
Learned A.G.A. 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 made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Sanjay Mishra, 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 :- 29.8.2018 Hasnain
1 issue framed by the court
Whether the applicant is entitled to release on bail in a rape case given lack of medical evidence and no criminal antecedents.
Sanjay Mishra
State Of U.P.
Rajul Bhargava
As recorded by the court registry
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