Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32634 of 2021 Applicant :- Ajay Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. It has been pointed out that on 29.07.2019 the prosecutrix has submitted an application to police, the copy of which has been annexed as Annex. 2 to the bail application, wherein it has been alleged that applicant has taken away her Gumti worth Rs.50,000/- and also snatched her mobile phone and did foul behaviour with her but at that time no allegation of rape was made. The First Information Report has been lodged on 13.08.2019 alleging that on 28.07.2019 applicant came at her house and committed rape upon her. Learned counsel submitted that there is undue and long delay in lodging the First Information Report and that the allegations of prosecutrix are thoroughly false and baseless. Learned counsel has also referred the statement of prosecutrix recorded under Sections 161 and 164 Cr.P.C., wherein, prosecutrix has made merely a vague allegation that applicant trespassed into her room and committed rape upon her. It was pointed out that prosecutrix was residing with her husband and son but no statement of her husband and son has been recorded. It has been further pointed out that in her statement under Section 161 Cr.P.C., prosecutrix has stated that after incident she has closed the applicant in the room and police was informed and after that they both were taken to the police station by the Police, whereas, as per version mentioned in the case diary, the applicant has been arrested by police on 03.02.2021. It was further submitted that prosecutrix is a mature and married lady, aged about 27 years and the attending facts and circumstances of the case clearly show that she has made false allegation of rape against applicant with oblique motive just to extract money from him. It has been further submitted that applicant is languishing in jail since 03.02.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ajay Tiwari involved in Case Crime No.403 of 2019, under Sections 376, 506 of IPC, Police Station Tarya Sujan, District Kushinagar, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 17.9.2021 Mohit