Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26890 of 2016 Applicant :- Chandrajeet Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar Pandey,Dinesh Kumar Yadav,Manu Sharma,Vineet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Counter affidavit filed today on behalf of the State as also the rejoinder affidavit filed on behalf of the applicant are taken on record.
This is an application for bail on behalf of the applicant Chandrajeet Yadav, in Case Crime No.164 of 2016, under Section 376 IPC, Police Station Kothibhar, District Maharajganj.
Heard Smt. Sadhna Upadhyaya, assisted by Sri Yash Dev Upadhyaya and Ms. Samriddhi Upadhyaya, learned counsel for the applicant and Sri D.P.S. Chauhan, learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicant is that the prosecutrix on her own showing and going by the medico legal estimation of her age is aged about 18 to 19 years, and a major. It is submitted that the allegation of ravishing the prosecutrix in regard whereto the prosecutrix has given statements under Sections 161 and 164 Cr.P.C., is patently false. It is a case where the applicant has been implicated falsely because the prosecutrix and the applicant were into a relationship. They would, it is submitted, meet each other on regular basis and had close contact. In this connection, learned counsel for the applicant has invited the attention of the Court to a series of text messages exchanged between the applicant and the prosecutrix across there respective cell phone numbers. The Cell Phone number of the prosecutrix is 7393811137. There is another Cell Phone No.7267006965 also employed by the prosecutrix to send out text messages to the applicant. Learned counsel for the applicant has invited the attention of the Court to the text message dated 8.06.2016. The last message wherefrom originated at 12:48 AM and the occurrence took place at 2:30 AM in the odd hours of the night intervening 8/9/06/2016. It is submitted that the applicant was apprehended, because the prosecutrix's father and mother discovered the two on the fateful night, and, thereafter the present prosecution was brought to turn, what was a relationship, into a case of rape at the instance of the prosecutrix's parents. It is further argued that opportunity was given to the State to explain the text messages, and, a counter affidavit has been filed where in paragraph-15 of the counter affidavit, all that is said in answer to paragraph-15 of the affidavit in support of the bail application is that the said fact has been stated by the applicant to get undue benefit from this Court. It is, therefore, submitted that the factum of the text messages on which the applicant has relied and annexed along with the bail application, as well as the supplementary affidavit, are not disputed. It is further argued that a perusal of the medico legal report shows that there is no such injury found during medico legal examination, as may indicate a case of ravishment. It is further argued that the applicant is a respectable person and is in jail since 11.6.2016.
Learned AGA has opposed the prayer for bail and submitted that the allegation against the applicant is consistent in the FIR and the statements under Sections 161 and 164 Cr.P.C.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegation, the evidence appearing in the case, the severity of punishment, and, in particular, the fact that there is a SMS record of communication between the applicant and the prosecutrix where the prosecutrix, prima facie communicated with the applicant inviting him over an hour or so before the occurrence, besides the fact that there is no medico legal evidence to indicate a case of rape, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Chandrajeet Yadav, in Case Crime No.164 of 2016, under Section 376 IPC, Police Station Kothibhar, District Maharajganj be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 28.11.2018 NSC