This court allowed a bail application for the applicant who was alleged to have stood guard during a rape. The principal accused had already been granted bail without a merits opinion regarding the gravity of the offense.
Applicant released on bail upon executing personal bond and furnishing two sureties.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49565 of 2018
Applicant :- Babloo @ Giddad @ Sageer Opposite Party :- State Of U.P. Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Babloo @ Giddad @ Sageer, in Sessions Trial No.206 of 2018, State vs. Babloo @ Giddad @ Sageer (arising out of Case Crime no.820 of 2014), under Sections 366, 376 IPC, Police Station Maudaha, District Hamirpur.
Heard Sri Raja Ram Kushwaha, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicant is that the role attributed to the applicant in the occurrence is one of standing guard while the prosecutrix was ravished by the principal accused, Rajjan. It is pointed out that there is no allegation of rape against the applicant. The aforesaid stand is evident from a reading of the statement of the prosecutrix recorded under Section 164 Cr.P.C. It is further submitted that the main accused, Rajjan has been admitted to bail by this Court vide order dated 11.04.2016 passed in Criminal Misc. Bail Application no.18321 of 2015.
Learned A.G.A. has opposed the prayer for bail but does not dispute the factum of parity.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the allegation against the applicant is one of standing guard and not of ravishing the prosecutrix, the fact that the principal accused, Rajjan, against whom there is an allegation of rape, has been admitted to bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Babloo @ Giddad @ Sageer, in Sessions Trial No.206 of 2018, State vs. Babloo @ Giddad @ Sageer (arising out of Case Crime no.820 of 2014), under Sections 366, 376 IPC, Police Station Maudaha, District Hamirpur, be released on bail on executing his personal bond and furnishing two sureties
each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 2.1.2019 Anoop
1 issue framed by the court
Whether the applicant is entitled to bail given the alleged role of standing guard and the bail status of the principal accused.
Babloo @ Giddad @ Sageer
Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
