Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5599 of 2021 Applicant :- Chhote @ Ramkesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pusp Raj Singh Counsel for Opposite Party :- G.A.,Rishikesh Tripathi
Hon'ble Om Prakash-VII,J.
Heard Sri Pushpraj Singh, learned counsel for the applicant, Sri Rishikesh Tripathi, learned counsel for the informant, learned A.G.A for the State and perused the record.
Submissions of learned counsel for the applicant is that the applicant is innocent and has not committed the present offence. It has further been argued that initially first information report was lodged in the present matter by father of victim under sections 452, 354(kha), 504, 506 I.P.C. and 3(1) (D), 3(1)(dha), 3(1)(w), 3(2)(va), SC/ST Act and 8 POCSO Act. Nothing was mentioned for commission of offence of rape in the first information report. First information report was lodged on 12.9.2020 whereas offence is said to have been committed on 6.9.2020 itself. It has also been argued that written report was submitted by informant on the basis of information given by the victim and other family members. Had the offence of rape been committed upon the victim by the applicant, this fact must have been mentioned in the first information report itself. It has also been argued that victim improving the case, first time in her statement levelled the allegation of rape against the applicant. Referring to the aforesaid facts and documents annexed with the bail application, it was further argued that no prima facie case is made out against the applicant for the offence under section 376 I.P.C. He has been falsely implicated in this case and is in jail since 28.10.2020 having no criminal history.
On the other hand, learned AGA and learned counsel for the informant opposed the prayer for bail and argued that it is a rape case. Delay in lodging of first information report is immaterial. Informant Sunil is a poor person. If he has not disclosed in clear words regarding commission of offence of rape in the first information report, the statement of victim recorded under section 164 Cr.P.C. cannot be bruised aside. Thus prayer for rejection of bail has been made.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on 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 the applicant Chhote @ Ramkesh involved in Case Crime No. 153 of 2020 under Sections 376-D, 452, 504, 506 IPC & 3/4 POCSO Act and 3(2)5 SC/ST Act, P.S. Naraini District - Banda be released on bail on furnishing a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 29.7.2021 Gss