Court in Criminal Misc. Bail Application allowed bail to Risabh Singh Rawat charged with rape, granting release on personal bond and sureties subject to specific conditions including tamper-free cooperation.
Release on bail on furnishing personal bond and two sureties each in like amount with specific conditions.
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Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22023 of 2021
Applicant :- Risabh Singh Rawat Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accusedapplicant- Risabh Singh Rawat who is involved in Case Crime No. 309 of 2019, under Section 376 D I.P.C., Police StationKydganj, District-Allahabad.
Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that the applicant is neither named in the F.I.R. nor named in the statement recorded under Section 161 Cr.P.C. of the victim, that during investigation after 8 days of the incident name of the applicant surfaced; that the victim herself has moved an application before the S.S.P. stating that the applicant and one other was not involved in the incident; that the victim is a married lady and as per the medical report no internal or external injury was found on her person of the victim. Further submission is that in the similar set of facts co-accused Himanshu Chahuan and Vishal Jaiswar have been granted bail bail by co-ordinate Bench of this Court vide order dated 26.8.2020 passed in Crl. Misc. Bail Applications No. 17347 of 2020 and 17398 of 2020. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 25.3.2021 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A as well as learned counsel for the informant has vehemently opposed the prayer for grant of bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the
case in my opinion the accused applicant is entitled for bail.
Let the applicant involved in the aforesaid crime 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:-
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 18.6.2021 S.Verma
Digitally signed by Justice Umesh Kumar Date: 2021.06.18 16:29:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the accused charged under Section 376 D IPC considering the allegations and co-accused bail status.
Risabh Singh Rawat
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
