Sugriv Nishad vs State Of U.P.
2016 Latest Caselaw 2727 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40344 of 2015
 

 
Applicant :- Sugriv Nishad
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajeev Chaddha,J.Alam,K.Chaddha
 
Counsel for Opposite Party :- G.A.,Arvind Kumar Mishra
 
Hon'ble Abhai Kumar, J.

Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.

This bail application has been moved by the applicant under Sections 376, 506 I.P.C, Police Station Peepiganj, District Gorakhpur in Case Crime No. 222 of 2015, in which it is stated that incident took place on 23.08.2015 at 7:00 p.m. in the evening, when daughter of complainant Kumari Suman Gaur went to answer the nature's call in the field then accused applicant raped her. She did not know the accused-applicant prior to the incident. It is admitted that the accused applicant lived to the next door of the victim then the fact that victim was not knowing the accused applicant, can not be accepted. Moreover, how after the rape identity of the accused can be done, if he was not known to the victim.  The F.I.R was lodged almost two days after of the incident and the medical examination was done on 31.08.2015, in which the age of victim was shown as 18 years and no sign of rape was found by the doctor. Therefore, the victim is consenting party.

Learned A.G.A for the State opposes the prayer for bail.

Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail.

Let the applicant ? Sugriv Nishad, involved in Case Crime No. 222 of 2015, under Sections 376, 506 I.P.C, Police Station Peepiganj, District Gorakhpur, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Any observation made herein above will not come to help the accused applicant during the trial and any inference over that will be drawn by the trial court independently during the course of trial.

Order Date :- 18.05.2016.

Vinod.