Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41649 of 2018 Applicant :- Dheeraj Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Dheeraj in connection with Case Crime No. 468 of 2018 under Section 342, 323, 376, 120-B IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Khandauli, District Agra.
Heard Sri Dinesh Tiwari, learned counsel for the applicant and Sri M.P. Singh, learned AGA along with Sri Mayank Awasthi, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that he has been falsely implicated. In order to substantiate, he has invited the attention of the Court to the fact that the prosecutrix has come up with a definite allegation of rape in the FIR. In her statement under Section 161 Cr.P.C., a copy of which is annexed at page no. 29 of the paper book, she has categorically stated in answer to a question if she was ravished, that she was never ravished or even eve teased, although, it is said in the FIR that the applicant had on the date of occurrence ravished her. It is further pointed out that in the medico legal examination of the prosecutrix done on 16.07.2018, that is the date of occurrence, the prosecutrix has stated before the doctor that the applicant had not done anything objectionable, and, that she did not want any internal examination of hers to be done. She has stated twice over to the doctor exculpating the applicant in words:
“मेरे साथ कु छ गलत काम नहीं हुआ, इसकी सारी िजिम्मेदारी मेरी है.”
In a later statement to the Court recorded on 26.05.2018, the prosecutrix has reverted to the stand taken in the FIR, and, said that she was ravished by the applicant. The said statement finds place at page no. 40 of the paper book. The submission is that the said stand of the prosecutrix is vacillating, and, therefore, no reliance can be placed on such shifting stands, in order to keep the applicant incarcerated.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the shifting stand of the prosecutrix throughout as noticed above, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Dheeraj involved in Case Crime No. 468 of 2018 under Section 342, 323, 376, 120-B IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Khandauli, District Agra be released on bail on executing a 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 :- 30.10.2018 Deepak