Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15824 of 2018 Applicant :- Ehsanuddin @ Ahsanuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Verma,Mohammad Asar,Sri Kamal Krishna Senior Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Admittedly to the prosecution case, the victim was a major girl and was fully grown up and matured at the time of incident. It is also admitted case of prosecution as is apparent from victim's statement given before the Magistrate that she was carrying on love affair with the applicant and was planning to have marriage with him as was also promised by the applicant. Contention is that all the physical relations which she developed with the applicant were actually not without her consent or against her will, even though she has tried to say during her statement before the Magistrate that she established relationship with the applicant under coercion. Submission is that in totality of the circumstances if we read in between the lines, it is apparent from the record that she was carrying on consensual relationship with the applicant and there was no question for being coerced to fall in carnal relationship with the applicant. Submission of counsel is that actually the family members of the victim were not agreeable to this relationship and, therefore, they settled the marriage of the victim at some other place. It was this background that applicant also parted its ways. The family members of the applicant when they came to know about this affair as they were also not very agreeable to the earlier relationship they settled the marriage of the applicant somewhere else. Subsequently, unfortunate development took place and the place where the victim's marriage was settled by her parents against her will also declined to accept the girl and therefore, it was this unfortunate situation that has resulted into the false implication of the applicant in the present manner. Submission is that the totally of the facts and circumstances of the case are such that it does not appear to be case of rank rape committed by the applicant and whatever happened in between the applicant and victim too was with full participation of the victim and not against her will or without her consent. Learned counsel has also drawn attention to the Court to the medical examination of the victim in which the history as has been recorded by the doctor discloses that she admitted before the doctor that she had gone with the applicant willingly and she had been having the physical relationship with the applicant for the last 8 years. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 8.11.2017 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Ehsanuddin @ Ahsanuddin, involved in Case Crime No. 750 of 2017, u/s 366, 376, 506 IPC, P.S.- Sirsaganj, District- Firozabad be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case Order Date :- 30.4.2018 Ravi Prakash