Bail granted in murder case where victim is major, case inconsistent with questions of consent, and applicant has no criminal history, on personal bond plus sureties.
Released on bail on personal bond and two sureties subject to conditions not to tamper or indulge in criminal activity.
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Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47176 of 2019
Applicant :- Ajay Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ajay Vishwakarma seeking bail in Case Crime No. 177 of 2019, under Sections 376 IPC, P.S. Manduwadeeh, District Varanasi.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim recorded under section 164 Cr.P.C. in which she has stated that she is 20 years of age and is a major and further stated that about one week had lapsed since the incident and she used to visit the vegetable shop of the applicant and had developed intimate relations with the applicant and the applicant used to visit her house and made physical relation with her due to which she became pregnant and she does not want to contest the criminal case and wants to amicably settle the dispute.
Learned counsel for the applicant has next submitted that from perusal of the statement of the victim, the victim appears to be a consenting party and no alarm has been raised by her at the time of commission of offence as such primafacie a case for bail is made out.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail
since 4.5.2019 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial by all means and there is no chance of applicant fleeing away from judicial process or tampering to the witnesses.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Ajay Vishwakarma 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 6.11.2019 R
1 issue framed by the court
Whether the applicant is eligible for bail in a murder case alleging a false implication due to consenting victim relationship.
Ajay Vishwakarma
State of U.P.
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
