Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44962 of 2018 Applicant :- Aftab Opposite Party :- State Of U.P. Counsel for Applicant :- K0099 Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Aftab, in Case Crime No.760 of 2018, under Sections 376 416, IPC, Police Station Sikandara, District Agra.
Heard Sri K.K. Dwivedi, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicant is that the prosecutrix is a major and a married woman, who in her account of the occurrence under Section 164 Cr.P.C., has clearly indicated that she had left home on account of differences with her parents and also her in-laws. She left her native town of Sonebhadra and proceeded to Agra. She went to the Taj Mahal for site seeing where at the gate on her return outwards, she met the applicant. He introduced himself and went along with her to the Cantt. Railway Station. There was no train available immediately for the prosecutrix's return journey and the earliest train was at 4:00 O' Clock in the evening. The prosecutrix went along with the applicant, took him to Agra road and therefrom went along with him to a hotel by the name style of Agra Guest House, located at Sikandara. It is alleged that in the said hotel, he ravished her three to four times, and, thereafter dropped her at the railway station. The prosecutrix is said to have boarded a train back home to Sonebhadra. Thereafter the applicant called her over phone asking her to come over to Agra offering to marry her. The prosecutrix proceeded to Agra on 12.8.2016. The applicant again asked the prosecutrix over to a hotel, which the prosecutrix refused. Thereupon the applicant took the prosecutrix to Ajmer to marry her but on way they were apprehended by the public and the police. Much to the same effect with certain contradictions is the FIR and the statement under Section 161 Cr.P.C. The submission of learned counsel for the applicant is that the tenor of the prosecutrix's statement under Section 164 Cr.P.C., as well as the FIR and the statement under Section 161 Cr.P.C., clearly show it to be a case of consent.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegation, the evidence appearing in the case, the severity of punishment, and, in particular, the fact that the manner in which the prosecutrix has acted the post event, which she calls rape, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Aftab, in Case Crime No.760 of 2018, under Sections 376 416, IPC, Police Station Sikandara, District Agra be released on bail on executing his 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 :- 27.11.2018 NSC