Court allowed bail to the applicant in a criminal case involving Sections 376, 323, 452, 325, 354, 376, 504, and 506 IPC. The court found that prima facie a case for bail was made out and issued personal bond and surety directions.
Applicant released on bail on executing personal bond and furnishing two sureties to the satisfaction of the court.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8906 of 2019
Applicant :- Shashank Opposite Party :- State Of U.P. Counsel for Applicant :- Shiv Raj Singh,Purushottam Dixit,Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Counter affidavit filed in Court today is taken on record.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 712 of 2017, under Sections 323, 452, 354, 325, 376, 504, 506 I.P.C., P.S. Bakewar, District Etawah.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; the applicant was named in the FIR which was lodged by the victim herself, however there is no allegation of rape in the FIR; similarly in the statement of the girl recorded under section 161 CrPC, there is no allegation of rape; it was only subsequently after 37 days of the incident in the statement of the girl recorded under Section 164 Cr.P.C. was recorded and allegation of rape has been made therein; admittedly there is no dispute with regard to a property between the parties concerned; age of the victim girl is 22 years as per the medical examination report. It is lastly contended that the accused applicant having no previous criminal history is in jail since 25.6.2018 and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Shashank involved in the aforesaid case crime number be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 22.5.2019 Kuldeep
1 issue framed by the court
Whether bail should be granted to the applicant in a case involving allegations of rape where the rape charge was made in a subsequent statement.
4 provisions across 2 enactments
Shashank
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
