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Bansh Raj vs State Of U P

High Court Of Judicature at Allahabad|22 August, 2019
Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33088 of 2019 Applicant :- Bansh Raj Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Bhan Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Chandra Bhan, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Bansh Raj with a prayer to enlarge him on bail in Case Crime No. 301 of 2018, under Sections 376 I.P.C., Police Station Jalalpur, District Jaunpur.
As per F.I.R version, victim lodged F.I.R against the accused by moving an application under Section 156(3) Cr.P.C, in which she stated that her husband died 15 years ago and her elder brother-in-law who was unmarried gave promise of marriage and made physical relations with her whereas he has no intention of marrying with her. This relationship continues for almost 10 to 12 years.
Learned counsel for the applicant has submitted that victim is aged about 60 years whereas accused-applicant is aged about 76 years. Further submission is that in view of the version in F.I.R, clearly it was a consensual relationship and the accused-applicant has been falsely implicated for the offence of rape. The accused applicant has no previous criminal history. There is a land dispute also and the F.I.R has been lodged on the basis of an application given under Section 156(3) Cr.P.C. He is prepared to furnish sureties. Investigation has already been completed and charge-sheet has been submitted, therefore, there is no question of influencing the investigation by the accused-applicant. The accused- applicant has been in jail since 17.05.2019, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the accused-applicant, however submitted that after investigation charge-sheet has been filed for the offence under Section 376 I.P.C.
Considering the submissions made by learned counsel for the parties and also perusing the material on record, without commenting on merit of the case, let the applicant involved in aforesaid case crime 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:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 22.8.2019 PS
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  • Pradeep Kumar Srivastava
  • Chandra Bhan