Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the applicant- Gautam @ Gaurav @ Ramesh for grant of bail, in Case Crime No. 410 of 2019, under Sections 366,376,342,504,506 I.P.C., P.S.Amethi, District Amethi, during trial.
Learned counsel for applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
It is further submitted that the prosecutrix is aged about 27 years and applicant and the prosecutrix was having some affair and prosecutrix on her own will and wish had accompanied the applicant and she has never been enticed away or lured by the applicant and her statement under Sections 161 & 164 Cr.P.C. with regard to the commission of rape is after thought and has been given under the pressure of her family members and, therefore, the same could not be believed.
It is further submitted that even the prosecutrix in her statement recorded under Sections 161 and 164 Cr.P.C. has stated that she accompanied the applicant on her own and it is hard to believe that the prosecutrix could be confined for three months in a room situated at a public place in Pratapgarh and in all probability the prosecutrix was a consenting party and whatever physical relations have taken place between the applicant and prosecutrix, were of consensual nature and, therefore, the allegation as has been levelled in the F.I.R. could not be believed.
It is further submitted that the prosecutrix has been recovered from a public place on 10.1.2020 and on 11.1.2020, her medical examination has been done and no injury or any other significant mark has been found on her body which may suggest that she has been raped.
It is further submitted that the applicant is in jail in this matter since 27.01.2020. Charge sheet in the matter has already been submitted and there is no apprehension that after being released on bail he will flee from the course of law or may otherwise misuse the liberty.
Learned A.G.A. on the basis of instructions received, opposes the prayer for bail of the applicant on the ground that he has committed heinous offence, but could not controvert the other factual submissions made by the learned counsel for the applicant.
Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant, I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant - Gautam @ Gaurav @ Ramesh involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant in any way will not contact or attempt to contact the prosecutrix or her any family members.
(ii) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(iii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iv) 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.2.2021 Irfan