Heard learned counsel for the applicant as well as Sri Ran Vijay Singh, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 4.6.2019 at 01:16 hour(after one month and nine days of incident) against two persons namely, Anirudh and Babau alleging that on 25.4.2019 at 8 P.M. complainant aged 26 years was raped by them when she went on natural call. According to medical report, no injury was found on the body including private part of the prosecutrix. She was married lady at the time of incident, hence hymen was found torn.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 22.9.2019(about three months) having no criminal history. He has been falsely implicated being friend of co-accused and also being pairokar of the co-accused in several cases between co-accused and the prosecutrix. The FIR was lodged after one month and nine days of incident after thought with legal consultation. The prosecution case is not supported by medical evidence. The story is unnatural, unbelievable and not trustworthy. There is no independent witness or eye-witness account. Co-accused Anirudh has already been granted bail by this Bench vide order dated 9.12.2019 passed in Bail No.10693 of 2019 (Bail order produced during argument is taken on record) and applicant is also entitled to bail. According to medical report, no injury was found on the body including private part of the prosecutrix. She was married lady at the time of incident, hence hymen was found torn. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the 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 applicant Babau @ Dev Narayan Pandey involved in Case Crime No.178 of 2019, under Section 376(D), 504,506 IPC, Police Station Kotwali Dehat, District Gonda 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 19.12.2019 P.P.