By means of this application, the applicant, who is involved in Case Crime No. 525 of 2019, under sections 452, 376(2)(I) & 506 of the Indian Penal Code, Police Station-Sandi, District- Hardoi, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the present case.
It is further submitted that the medical report of the victim does not corroborate with the ocular evidence as there is no injury or opinion given by the doctor for committing of an offence under section 376 I.P.C.
It is further submitted that there are contradictions in the statements of the victim/prosecutrix recorded under sections 161 & 164 Cr.P.C.
It is further submitted that there is no evidence on record to show that the victim/prosecutrix is suffering from any mental or physical disability.
It is further submitted that for asserting the fact that the victim is suffering from mental disability, the matter has been referred to the Physiatrics Department of Chhatrapati Sahu Ji Maharaj Medical University, Lucknow, but, neither the victim nor the informant has turned up for the medical examination at Lucknow.
It has also been submitted that applicant is innocent and having no criminal history. The applicant is languishing in jail since 12.12.2019.
On contra, learned A.G.A. has opposed the prayer for the bail relying upon the Counter Affidavit wherein averments made in the affidavit filed alongwith the bail application on the basis of which arguments were raised, have simply been denied and failed to dispute the arguments raised by learned counsel for the applicant.
After hearing the submissions made by the leaned counsel for both the parties and without entering into the merits of the case, I am of the view that from the submissions made the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicant, Anuj Kumar Misra @ Chhotey Bhaiya, involved in Case Crime No. 525 of 2019, under sections 452, 376(2)(I) & 506 of the Indian Penal Code, Police Station-Sandi, District- Hardoi, be released on bail on furnishing personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.7.2021/AKS