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2015 DIGILAW 2145 (ALL)

Sanjeev Kumar @ Patra v. State of U. P.

2015-07-28

BHARAT BHUSHAN

body2015
JUDGMENT Bharat Bhushan, J. Parcha filed on behalf of Santosh Kumar Pandey, Advocate, on behalf of informant today is taken on record. 2. Heard Sri Akhilesh Srivastava, learned counsel for the applicant, learned counsel for the informant and learned Additional Government Advocate for the State. 3. First Information Report (in short FIR) discloses that accused-applicant jumped across the wall of house of informant went inside the room of the victim supposedly 15 years of age and then raped her under duress and ran away. It is stated that thereafter, victim raised alarm and informed her family members that the applicant had committed this act. Similar statement was given by the victim in her statement under section 164 Cr.P.C. 4. Learned counsel for the applicant has submitted that incident occurred at 1: 30am in the night. It is inconceivable that a man would cross a wall of a house in full view of the residents, enter into the room of the victim and then rape her. The victim has prima facie given no indication that accused was armed. No weapon has been shown in his hands. Medical report has determined age of the girl as 20 years. 5. Learned AGA has opposed the bail application of the applicant and submitted that the investigation is now complete and charge sheet has already been submitted. No investigation is now left. 6. The applicant is in jail since 12.2.2015. It would not be appropriate to analyze the prosecution evidence at this stage but it is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial. Considering entire facts and circumstances of the case and without reflecting anything on the merits of the case, I am of the opinion that the applicant deserves to be enlarged on bail. 7. Let applicant Sanjeev Kumar alias Patra be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in Case crime no. 7. Let applicant Sanjeev Kumar alias Patra be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in Case crime no. 124 of 2015 under Sections 376, 452 IPC, and section 3/4 of Protection of Children from Sexual Offence Act, 2012, Police Station Uglas, District Aligarh with the following conditions: - (i) The applicant will continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release. (ii) The applicant will not tamper with the witnesses. (iii)The applicant will not indulge in any illegal activities during the bail period. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.