By means of this application, the applicant, who is involved in Case Crime No.115 of 2020, under Sections - 366, 376, 506 I.P.C., Police Station - Machharehata, District - Sitapur, is seeking enlargement on bail during the trial.
According to the version in the F.I.R. is that on 20.05.2020 at about 6.00 PM when the daughter of the informant went out to ease herself, the applicant reached there and enticed away by alluring her.
Learned counsel for the applicant has submitted that the alleged incident as mentioned in the F.I.R. is of dated 20.05.2020 whereas the F.I.R. has been lodged on 24.05.2020 without explaining the reasons for delay in lodging the F.I.R. It is further submitted that the F.I.R. was lodged at about 16.23 hours and the daughter of the informant was recovered about 18.15 hours i.e. less than two hours, which makes the prosecution story doubtful. It is further submitted that at the time of recovery the prosecutrix, she has stated that they love each other, whereas in her statement recorded under Section 161 Cr.P.C. on the very same dated i.e. 24.05.2020, the prosecutrix has sated that the applicant enticed her and took her at his Bua's house where she was stayed for a night and on the next day, the son of the Bua of the applicant asked them to leave the house, thereafter, they were in the forest area for two days . It is further submitted that in the statements recorded under Section 164 Cr.P.C., for the first time, the prosecutrix has given her statement that her modesty was outraged by the applicant so many times, hence there are contradictions in the statements of the prosecutrix. It is further submitted that the medical examination of the prosecutrix was done on the very next date i.e. 25.05.2020, wherein the opinion of the doctor is that there is no sign of use of force and no recent forceful penetration injury is found. It is further submitted that the ocular evidence does not corroborate with the medical evidence. It is further submitted that the applicant is innocent and has falsely been implicated in the present case as the applicant and the prosecutrix are in love with each other, which was not acceptable to the family members of the prosecutrix. It is further submitted that the applicant is having no criminal history and is languishing in jail since 31.05.2020.
On the other hand, learned A.G.A. has opposed the prayer for grant of bail and has submitted that from the F.I.R. and the statement of the informant, the offence is made out against the applicant, but unable to dispute the submissions raised by the learned counsel for the applicant particularly that the ocular evidence does not corroborate with the medical evidence.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let applicant (Funni Lal @ Anish) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
(i) The applicant shall however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 25.8.2021 S. Kumar