Heard Sri Mrityunjay Dwivedi, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 589 of 2020 under Sections 452, 376 and 506 I.P.C., P.S. Khair, District Aligarh.
As per F.I.R. which has been lodged by victim herself stating therein that accused applicant along with other co-accused, Lala had entered her house and after giving her some stupefying drugs, had committed rape upon her and also made video clipping of the same. She remained quiet due to fear of losing honour in the society. Both the accused blackmailed her and committed rape upon her many times and had also taken Rs. 50,000/- and jewellery from her house. They had also given threat to kill her husband.
It has been argued on behalf of the learned counsel for the accused applicant that he is innocent. He has been falsely implicated because dispute happened between husband of the informant and co-accused, Lala in which applicant had intervened. In statement of the victim recorded under Section 161 Cr.P.C., she has clearly stated that she was continuously being raped after being given stupefying substance for the last one year. When she was put a question as to when the occurrence happened, when jewellery was taken away by accused and when she was given stupefying substance, it is stated by the victim that the said occurrence happened nine years ago. Attention of the Court has been drawn towards statement of victim recorded under Section 164 Cr.P.C. in which she made allegation of molestation against co-accused and later on allegation of rape has been made against him (co-accused) but no allegation of rape has been made against the applicant. He is in jail since 6.11.2020; he has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that allegation of continuous rape for a long time has been levelled against the applicant which appears to be doubtful; quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Hariram @ Hariom involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. 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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 7.4.2021 A. Mandhani