Heard learned counsel for applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the applicant- Amarish alias Ambrish Yadav for grant of bail, in Case Crime No. 0452 of 2019, under Sections 419,420,406 & 376 I.P.C., P.S.Kotwali Ayodhya, District Faizabad (Ayodhya), during trial.
Learned counsel for the applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and has not committed any offence as claimed by the prosecution.
It is further submitted that the whole story has been cooked up by the prosecutrix to pressurize and compel the applicant to marry her and no offence of any kind had happened with her.
It is further submitted that even if the statement of the prosecutrix recorded under Sections 161 & 164 Cr.P.C. are taken on their face, it will be evident that the prosecutrix was a consenting party. She is aged about 22 years and the story which has been cooked up by her with regard to forceful sexual relationship cannot be believed in the background of the fact that she herself refused to undergo with any medical test.
It is further submitted that the allegations with regard to compelling the prosecutrix to transfer money to the tune of Rs.18 lacs in the bank accounts of different persons could also not be believed as no evidence of any kind has been furnished or collected by the Investigating Officer, which may suggest that the money to this magnitude was withdrawn by the prosecutrix or paid to any of the persons mentioned by the prosecutrix in her statement, therefore, the story of payment of Rs.18 lacs on different occasions to different persons has also not been established.
It is also submitted that vague allegations of having sexual relationship on different occasions and places have been mentioned by the prosecutrix, however it has not been specifically mentioned at what place or time or on date the rape against her will has been committed by the applicant nor there is any proof of staying with the applicant in any hotel etc. as claimed by her, therefore, the whole story is based on baseless and improbable facts.
It is also submitted that the applicant is in jail in this matter since 14.12.2019. Charge sheet in the matter has already been submitted and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.
Learned A.G.A. on the basis of instructions received, opposes the prayer for bail of the applicant on the ground that he has committed heinous offence, but could not controvert the other factual submissions made by the learned counsel for the applicant.
Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant, I find substance in the submissions of learned counsel for applicant only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant - Amarish alias Ambrish Yadav involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not try to approach or meet the prosecutrix.
(ii) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(iii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.2.2021 Irfan