Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
On a query being put, learned AGA submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the application for grant of bail on merits.
The present bail application has been filed on behalf of the applicant in Case Crime No. 470 of 2020, under Sections 366/376, Police Station Para, District Lucknow, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that he is an innocent person and has been falsely implicated in the case. He submitted that initially the FIR was lodged under Section 366 IPC however, subsequently on the statement made by the victim under Section 164 Cr.P.C., the prosecution added one Section i.e. Section 376 IPC. He further submitted that victim is major and her age is about 21 years. He further stated that the incident as alleged took place on 22.08.2020 and after delay of about three days the FIR was lodged on 25.08.2021. He further submitted that in the statement recorded under Section 161 Cr.P.C. the victim has stated that she on her own volition and free will went with the applicant Deepanshu and solemnized marriage on 22.08.2020 and also that she is mature enough to understand wrong and right and she is willing to live with applicant Deepanshu.
Learned Counsel for the applicant further submitted that medical report does not support the prosecution story. He further submitted that after 25 days of incident the statement has recorded under Section 164 Cr.P.C. He further submitted that a perusal of the statement recorded under Section 161 Cr.P.C. as also the statement given by the victim before medical officer, which was given on 03.09.2020 it appears that statement made by the victim under Section 164 Cr.P.C. has been made under pressure of family members.
The applicant is in jail since 23.10.2020 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for grant of bail, however could not dispute the aforesaid fact of the case.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances as also the statements of the victim, aforesaid, and the fact that victim is major and medical report and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Deepanshu Kumar Rawat be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 28.7.2021 Jyoti/-