Allahabad High Court
Kaleram @ Kala vs State Of U.P. on 6 March, 2019
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9283 of 2019
Applicant :- Kaleram @ Kala
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Kaleram @ Kala, who is involved in Case Crime No. 795 of 2018, under Sections 376-D, 354-A and 506 I.P.C., P.S. Budhana, District Muzaffar Nagar, is seeking enlargement on bail during the trial.
Learned counsel for applicant argued that applicant is innocent and he has been falsely implicated in this very case crime number. Report was instantly got lodged on 6.10.2018, in which role of catching hold was assigned to him whereas accusation of rape was assigned to Narendra, subsequently, under Section 161 Cr.P.C. too, this was the version of prosecutrix whereas under Section 164 Cr.P.C. accusation of rape by each of them were developed. Prosecutrix as per her own statement recorded under Section 161 Cr.P.c. was taken on motorcycle by Kapil and Narendra whereas Kaleram @ Kala was said to be on other motorcycle. Under above pretext bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
From perusal of First Information Report, it was got lodged upon the report of prosecutrix victim Manju herself after almost 11 hours of the occurrence at police station. It is apparent that it was Narendra who had been assigned the role of commission of rape with her. In her statement under Section 161 Cr.P.C., this was categorically said that Kapil and Narendra, took prosecutrix upon their motorcycle, Kaleram @ Kala was on another motorcycle and role of commission of rape was against Narendra and Kapil. Subsequently, under Section 164 Cr.P.C. this was developed to be rape by each of the accused applicants.
Upon hearing learned counsel and 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 applicant Kaleram @ Kala, be released on bail in Case Crime No. 795 of 2018, under Sections 376-D, 354-A and 506 I.P.C., P.S. Budhana, District Muzaffar Nagar, 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 co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence 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 :- 6.3.2019
Kamarjahan
