Heard Sri Bindu Kumari, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 43 of 2020, under Section 354B, 323, 376 of I.P.C. and 3/4 of P.O.C.S.O. Act, P.S. Jugail, District Sonbhadra.
As per F.I.R., which was lodged by mother of the victim, it has been stated that her daughter aged about 17 years had gone out of the house on 25.07.2020 then the accused applicant had thrown her on ground and tried to molest her and when informant's brother Bhabi reached there, they saved her and thereafter the victim came to her and disclosed the entire occurrence to her.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; he is totally innocent. It is further argued that the victim in her statement under Section 161 Cr.P.C. has repeated the same version as given in the F.I.R. but in her statement under Section 164 Cr.P.C. she partly changed the version to the effect that she was thrown down in the bushes by the accused applicant and her modesty was outraged and when she raised alarm then her mami and bhabhi came there and her bhabhi was also beaten by the accused applicant thereafter the accused applicant fled from there. Having drawn attention to these statements, it is argued that there is contradiction in her statements which cannot be believable. It is further argued that as per medical examination report, no injury is found to have been suffered by the victim either internal or external. It is further argued that the age of the victim is 18 to 19 years as per radio-logical examination. The accused applicant has no criminal history; he is in jail since 05.08.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that there is no concrete evidence against the accused applicant and there is difference in her statements under Section 164 & 161 Cr.P.C., considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Babai @ Virendra Saket 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 :- 25.1.2021 VPS