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Satyam vs State Of U.P. on 10 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 6124 of 2020

Applicant :- Satyam

Opposite Party :- State of U.P.

Counsel for Applicant :- Hanuman Prasad Mishra

Counsel for Opposite Party :- G.A.

Hon’ble Ajit Singh,J.

Heard learned counsel for the applicant and the learned A.G.A.

This is a bail application on behalf of the applicant Satyam in connection with Case Crime No.277 of 2019, under Sections 376, 452 I.P.C., P.S. Maudarwaja, District Farrukhabad.

The first information report of this incident was lodged by the complainant alleging that on 17.10.2019 at about 8.15. p.m., the present applicant along with Ranveer came to her house and caught hold the complainant and misbehaved with her. After hearing the alarm raised by the complainant her sister-in-law came at the spot. Seeing her, the present applicant and another co-accused Ranveer fled away from the spot. It was further mentioned that Ranveer was alleged to have standing at the door and he was having a country-made pistol. The matter was reported to the police and the investigation was carried out. The statement of the victim was recorded under Section 164 Cr.P.C. and she stated in her statement recorded under Section 161 Cr.P.C. that she was being raped by the applicant, Satyam.

The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that initially the report was lodged under Section 354 I.P.C. and later-on it was alleged that the complainant was raped by the present applicant. He further submitted that the victims is aged about 30 years. He further submitted that no medical examination of the victim was conducted. He further submitted that there is no medical evidence against the applicant. He submitted that the applicant is a student. He further submitted that there is no previous criminal history of the applicant. He submitted that the applicant is languishing in jail since 04.12.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. has opposed the bail plea.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

Accordingly, the bail application stands allowed.

Let the applicant Satyam involved in the aforesaid crime 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 with the following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses;

iii) The applicant shall appear on the date fixed by the trial court;

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 10.2.2020

R./

 

 

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