Heard Sri Sanjeev Kumar Singh, learned counsel for the applicant, Sri Gautam Dubey, Advocate holding brief of Sri Ramesh Kumar Singh and Ms. Akanksha Gaur, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 207 of 2020 under Sections 376, 506 I.P.C., Police Station Shahpur, District Gorakhpur, during the pendency of trial.
Submission made by the learned counsel for the applicant is that as per F.I.R. which has been lodged by prosecutrix herself, she was married lady but was not having any relation with her husband for last ten years and was living at her father's house with her six year old son. Applicant is said to be her neighbour, who is stated to have established physical relationship with her promising that he would marry her and under that impression, she was continuing to have physical relationship but later on he refused. The same version has been stated by the victim in statement under Section 164 Cr.P.C. as well. No injury has been found in medical examination report of the victim. She is lady of forty years of age as per readiologically done age determination. He is in jail since 15.9.2020. He has no criminal history. If released on bail, he will not misuse the liberty of bail.
Learned AGA as well as learned counsel for the informant have opposed the prayer of bail, but have not controverted the aforesaid fact.
In view of above arguments, looking to the fact it appears to be a case of consensual sex, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Amarjeet @ Prince Rai involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. 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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 13.1.2021 A.P. Pandey