Raju @ Rajendra vs State Of U.P.
2016 Latest Caselaw 6939 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38754 of 2016
 

 
Applicant :- Raju @ Rajendra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Virendra Kumar Gupta
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Harsh Kumar, J.

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

Learned counsel for the applicant contended that the applicant has falsely been implicated due to Party Bandi; that the applicant neither outraged the modesty of victim in the fields nor attempted to commit rape upon her not committed any sexual assault, and nor committed any Maar Peet; that the F.I.R has been lodged with inordinate delay through application under Section 156 (3) Cr.P.C with the allegation that the victim was carried by him up to police station but neither F.I.R was lodged nor medical was conducted, while in her statement recorded under Section 161 Cr.P.C, the victim has not stated to have gone up to the police station; that the eye-witnesses mentioned in the F.I.R have not supported the version made in the F.I.R in their statements under Section 161 Cr.P.C (Annexure no. 2 & 3); that the statement of victim under Sections 161 & 164 Cr.P.C are in contradiction to the averments made in the F.I.R; that the applicant has no previous criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 22.06.2016.

Learned A.G.A. opposed the prayer of bail.

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

Let the applicant ? Raju @ Rajendra be released on bail in Case Crime No. 203 of 2016, under Sections 354-A, 323, 504, 506 of I.P.C & Section 8 POCSO Act, 2012, Police Station ? Khanna, District ? Mahoba,, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate / Court concerned, subject to following conditions:-

i. The applicant will not tamper with prosecution evidence and will not harm or harass the victim / complainant in any manner whatsoever.

ii. The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

iii. The applicant will not indulge in any unlawful activities.

iv. The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 09.11.2016

Vinod.