Advocates:
['AKASH MISHRA', '', 'AKHILESH SINGH', 'G A', '', 'R K MISHRA']

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26713

of 2020

Applicant :- Deepak Yadav

Opposite Party :- State of U.P.

Counsel for Applicant :- Akash Mishra

Counsel for Opposite Party :- G.A.,R.K. Mishra

Hon'ble Ram Krishna Gautam,J.

By means of this application the applicant, Deepak Yadav, has

prayed to release him on bail in Case Crime No. 336 of 2020,

under Sections-376D, 506, 120-B I.P.C. Police Station-Kotwali,

District-Etawah.

Heard Shri Akash Mishra and Shri Akhilesh Singh, learned

counsel for the applicant and and Shri Saral Singh, learned

counsel for the respondent and learned AGA representing the

State.

Learned counsel for the applicant argued that the applicant is

innocent. He has been falsely implicated in this very case crime

number and is languishing in jail since 20.06.2020. He is of no

criminal antecedent. Nothing incriminating has been said by the

prosecutrix, against the applicant, in her statement under

Section 161 and 164 Cr.P.C. He is not named in the First

Information Report. The role assigned against him is of a

criminal conspiracy i.e. giving key of room no. 306 to the co-

accused Sohel of the hotel where the applicant was manager.

No rape was committed by the applicant nor he was present on

the spot. There is no likelihood of applicant's fleeing from

course of justice or tempering with evidence, in case he is

released on bail. Hence bail has been prayed for.

Learned AGA as well as learned counsel for the informant has

vehemently opposed bail with the contention that in case the

key of room will not be given by the applicant there would not

have been offence of this rape.

Having heard learned counsel for both the parties, gone through

the material placed on record and considering the age of

prosecutrix i.e. 20 years in the medical age determination, it is

apparent, that she goes to hotel under her own volition and

applicant being manager of hotel having no concern with the

affairs inside the room, and the nature of accusations, severity

of the punishment in the case of conviction but without

expressing any opinion on the merits of the case, this Court is

of the view that the applicant may be enlarged on bail with

certain conditions.

Let the applicant, Deepak Yadav, involved in above mentioned

case crime number be released on bail on his executing a

personal bond and two reliable sureties each in the like amount

to the satisfaction of the court concerned subject to the

following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution

witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date

fixed by the trial court unless his personal appearance is

exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the

court below will be at liberty to proceed to cancel his bail.

Order Date :- 5.1.2021

Deepak/