Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22453 of 2016 Applicant :- Gajraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Chahar,Govind Saran Hajela Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 624 of 2015, under Section 376, 120-B I.P.C., Section 3/4 of Protection of Children From Sexual Offences Act & 3 (2) (5) of S.C./S.T. Act, P.S.- Malpura, District- Agra, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the F.I.R. of the incident was lodged by brother of the deceased alleging therein that his minor sister Kumari Renu had been raped by the applicant forcefully in the field of kapas. The statement of the prosecutrix recorded under Section 164 Cr.P.C reveals that she was going to kapas field along with her sister in law (bhabhi) at about 2.00 P.M. on the date of incident when she was caught by the applicant and dragged to the nearby field of kapas where he committed rape on her. Thereafter, she called for help when the "Khet wali Amma" came to her rescue and on noticing her, the applicant and his other accomplices ran away. It is further submitted that the prosecution story that the applicant while she was going with her sister-in-law was dragged by the applicant and his companion into nearby field where they had committed rape on her is highly improbable as she could have easily attracted the attention of his sister-in-law by raising cries for help which she strangely did not raise. Moreover, from the facts stated by the prosecutrix in her statement recorded under Section 164 Cr.P.C., it appears that she was a consenting party and on being caught with the applicant in a compromising position by the "Khet Wali Amma", she falsely implicated the applicant. It is further submitted that the medical examination report of the victim indicates that she was major on the date of the incident and no mark of any injury was found on her body or on her private parts. It is lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 06.01.2016, is entitled to be released on bail during the pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Gajraj be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 624 of 2015, under Section 376, 120-B I.P.C., Section 3/4 of Protection of Children From Sexual Offences Act & 3 (2) (5) of S.C./S.T. Act, P.S.- Malpura, District- Agra, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.7.2018 Praveen