Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38302 of 2019 Applicant :- Deokinandan @ Nekse Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghan Shyam Das,Sri Kamal Krishna, Snr. Adv.
Counsel for Opposite Party :- G.A.,Ajendra Kumar
Hon'ble Siddharth,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Shri Kamal Krishna, learned Senior Advocate assisted by Shri Ghan Shyam Das, learned counsel for the applicant, Shri Ajendra Kumar, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Deokinandan @ Nekse with a prayer to release him on bail in Case Crime No.
202 of 2019, under Sections 376 A, B, 506 IPC, section 5/6 of POCSO Act and section 3 (2) (5) of S.C./S.T. Act Police Station Kuraoli, District- Mainpuri, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The age of the victim as per medical report is twelve years.The allegation against the applicant is that he inserted his private part in the mouth of the victim after she entered in her field.The victim was accompanied by her three cousins (sisters) aged about 14,16, and 17 years. In the statement of the victim under section 164 Cr.P.C., she has supported the allegation made in the First Information Report and has also stated that her father has taken Rs. 60,000/- from the applicant and had entered into compromise. In the statement of her cousins (sisters) the allegation is that applicant committed rape on the victim.They have further stated that they were also beaten by the applicant and applicant along with few other persons came to their house and threatened them and also caused injuries by Danda.However there is no medical report of any of the cousins (sisters) of the victim brought on record to substantiate the aforesaid allegations. The applicant is languishing in jail since 10.6.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has vehemently opposed the prayer for bail along with learned A.G.A. and has submitted that there is interpolation in the statement of the victim under section 164 Cr.P.c. regarding factum of accepting Rs. 60,000/- by her father.It is further submitted that in the case diary available with the learned A.G.A. three cousins (sisters) of the victim were subjected to medical examination and their injuries have been found to be simple.The victim is minor aged about twelve years,therefore applicant does not deserves enlargement of bail.
After hearing the rival contentions though it is clear that victim is minor, but the manner of allegations made by the victim has not been corroborated by the statements of her cousins. They have simply stated that rape was committed on the victim.Regarding the submission of the learned counsel for the informant that the statement of the victim recorded under section 164 Cr.P.C. suffers from interpolation,there is nothing on record to show that this fact was pointed out before the court below or any prayer was made for correction of the same,therefore, this argument in this regard is not accepted.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the 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.
The trial court is directed to conclude the trial within two years from the date of production of certified copy of this order before it.
Order Date :- 26.11.2019 Atul kr. sri.