Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47378 of 2018 Applicant :- Aadil Opposite Party :- State Of U.P.
Counsel for Applicant :- Bharat Singh Pal,Premnendra Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Supplementary affidavit filed today is taken on record.
This is a bail application on behalf of Aadil in connection with Case Crime No.0904 of 2018, under Sections 376D & 506 I.P.C., Police Station Chakeri, District Kanpur Nagar.
Heard Sri Bharat Singh Pal, learned counsel for the applicant, and Sri Indrajeet Singh Yadav, learned AGA along with Sri Abhinav Tripathi, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated, dragged in by the prosecutrix on account of the fact that the prosecutrix, who is a married woman, wants to marry again with the applicant, Aadil. It is asserted that she demanded a sum of Rs.5 lacs from Aadil to forsake the relationship, which Aadil did not want to go ahead with. The applicant, and the co-accused Ashish Raghav @ Sonu, being a friend of Adil mediated in the matter, that led the prosecutrix to implicate falsely the co- accused Sonu, also. It is pointed out that the prosecution story is inherently improbable, where the prosecutrix, a married woman with two children, is said to be abducted by the applicant along with the co-accused, and, taken to a Dhaba (road side Hotel), where the prosecutrix and her children partook of meal, and from there, proceeded to a hotel, who refused to admit the accused and the prosecutrix to a room, whereafter, they ferried the prosecutrix to the house of the the co-accused Ashish Raghav @ Sonu and ravished her there by force. It is submitted by learned counsel for the applicant that the allegation to its face is unbelievable, inasmuch as during this period of time, she passed through various public places, the dhaba and the hotel, where she could have raised alarm; instead she went along with the applicant to the co-accused Ashish Raghav @ Sonu's house. Learned counsel has further emphasized the fact that the prosecutrix is predisposed to these kind of allegations and entering into marriages, which she has abandoned in the past in good number, is well established by the statement of her father, recorded by the Investigating Officer during investigation, a copy of which, is annexed as annexure-8 to the affidavit. The statement shows that she has forsaken three marriages and is now, staying in a live-in relationship with one Chaggan, son of Tarsi. The father has further said in the statement that he has disowned his daughter, on account of her deplorable conduct. It is further emphatically argued by learned counsel for the applicant that a perusal of the medico legal report shows, that there is absolutely no hint of any injury, sustained by the prosecutrix at all that would certainly be there if it was a case of gang rape. It is submitted by learned counsel for the applicant, therefore, that so far as the applicant is concerned, no case, at all is made out.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the allegation of gang rape, is not at all supported by the medico legal evidence on record, besides the fact that the background of issues between the applicant, Aadil, and, the prosecutrix that are subject to evidence, appear to be the prima facie cause for a false implication of the applicant, 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 Aadil in connection with Case Crime No.0904 of 2018, under Sections 376D & 506 I.P.C., Police Station Chakeri, District Kanpur Nagar 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.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 19.12.2018/NSC