Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49536 of 2020

Applicant :- Saruk

Opposite Party :- State of U.P.

Counsel for Applicant :- Manoj Singh

Counsel for Opposite Party :- G.A.

Hon'ble Suresh Kumar Gupta,J.

Sri Sachchidanad Tiwari, Advocate filed vakalatnama on

behalf of the complainant, which is taken on record.

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

and perused the record.

It is submitted by learned counsel for the applicant that

the applicant is innocent and has been falsely implicated

in the present case due to some ulterior motive. He

further submitted that the victim is a consenting party, she

lived in relation ship with the applicant for about two

years. Learned counsel also submitted that the victim is a

major girl and on allegation of false promise of marriage,

false and frivolous FIR was lodged by the victim against

the applicant. It is further submitted that there is no sign

of any forceful sexual assault on the body of the victim in

the medical examination. He further submits that there are

no chances of applicant's fleeing away from the judicial

process or tampering with the prosecution evidence,

applicant has no previous criminal history and he is in jail

since 8.10.2020.

Learned A.G.A. and learned counsel for the complainant

vehemently opposed the prayer for bail. Learned counsel

for the complainant further submitted that the applicant

committed rape since last two years, at that time, victim

was minor and the applicant committed custodial rape

upon her about two years.

Keeping in view the nature of the offence, evidence,

complicity of the accused, severity of punishment and

submissions of the learned counsel for the parties, I am of

the view that the applicant has made out a case for bail.

Let the applicant, namely, Saruk involved in Case Crime

No. 207 of 2020, under Sections 366, 376, 120B IPC,

Police Station- Hapur Dehat, District- Hapur, be released

on bail on furnishing a personal bond and two sureties

each in the like amount to the satisfaction of the court

concerned with the following conditions;

(i)The applicant will not tamper with the evidence during

the trial.

(ii) The applicant will not pressurize/intimidate the

prosecution witness.

(iii)The applicant will appear before the trial court on the

date fixed.

In case of breach of any of the above conditions, the court

below shall be at liberty to cancel the bail.

Order Date :- 13.1.2021

Ankita