Heard Sri Ravi Shankar Tripathi, 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. 675 of 2020, under Sections 376 & 506 of I.P.C., P.S. Subhash Nagar, District Bareilly.
As per F.I.R., which was lodged by the victim herself, it has been stated that her husband was doing work of labourer in Delhi while the victim was living with her children at home. On 10.07.2020, her sister's dever Diwan (accused applicant) who came to her sister's home had entered into her room having an evil eye upon her and committed rape upon her when she raised alarm, the accused applicant threatened her at pistol point and stated that in case she discloses about it to anyone, her family would be eliminated. When her husband returned, she disclosed about the whole occurrence to him.
It has been argued by the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. The victim is a married lady having four children. It is further argued that this F.I.R. was lodged by the victim due to pressure of her husband as there was some doubt that there was illicit relation between the accused applicant and the victim. It is further argued that the victim in her statement under Section 161 Cr.P.C. has stated that when she was sleeping with her children, the accused applicant entered into her room and committed rape upon her and threatened to kill her and her children also. On the basis of this statement, it is argued that it would be very unusual to commit rape upon the victim in the presence of children at home. In the statement under Section 164 Cr.P.C., the same version has been reiterated by the victim. It is further argued that as per medical examination report, no injury is found to have been sustained by the victim either internal or external. The accused applicant has no criminal history; he is in jail since 19.09.2020; 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.
In view of the above arguments and 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 Chetram @ Diwan 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 :- 18.2.2021 VPS