Hon'ble Court granted bail to Sanjay Shrivas in a case involving rape and other offences, finding it a fit case for bail due to a delayed FIR and disputed facts, without expressing an opinion on the merits.
Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court with specific conditions.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46085 of 2019
Applicant :- Sanjay Shrivas Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the victim is a widow lady aged about 29 years having two children. The applicant and victim belong to the same locality and it is not possible that the victim has no knowledge about the marriage of the applicant. The contents of the first information report it revels that the victim was a consenting party. It has further been submitted that due to dispute of property the victim has falsely implicated to the applicant in the present case. The FIR is delayed and the same has been lodged after three years and seven month of the alleged incident. The prosecution story is not probable and believable. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 23.9.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Sanjay Shrivas involved in Case Crime No. 412 of 2019, under Sections 376, 323, 504, 506 IPC P.S. Mauranipur, District Jhansi 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:-
In case of breach of any conditions mentioned above, the trial
court shall at liberty to cancel the bail of the applicant.
Order Date :- 6.11.2019
A.
2 issues framed by the court
Whether the applicant is entitled to bail on the grounds that the FIR was delayed and the victim allegedly consented.
Whether this court can find the case fit for bail without expressing an opinion on the merits.
Sanjay Shrivas
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
