Heard Sri Sushil Kumar Chaturvedi, learned counsel for the applicant, Sri Dhirendra Kumar Verma, learned counsel for the respondent and Ms. Hridyawati Mishra, 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. 211 of 2019 under Sections 323, 452, 376 I.P.C. and Section 4 of P.O.C.S.O Act, P.S. Charkhari, District Mahoba.
As per F.I.R., the accused is said to have entered the house of the informant in the night through roof and forcibly raped his daughter/victim and when the victim cried loudly, the informant found that the accused had bolted the room from inside and after having committed rape, the accused fled from the spot. The accused was chased by inmates of the house but could not be caught.
The submission made by learned counsel for the applicant is that in statement under Section 164 Cr.P.C., the victim has not supported the prosecution version as she has stated that she had gone with the accused on her own free will and disclosed her age to be 19 years. In ossification test, her age was found to be 18 years, documents regarding which is annexed at page no. 42 of the paper book. In medical examination, there is neither any external nor internal injury found on her person; accused is lying in jail since 22.08.2019; the accused has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant and learned A.G.A. have opposed the bail and have stated that according to the educational certificate which is of class II, the victim is found minor.
Looking to the facts of the case as well as the quantum of the punishment, nature of the offence 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, Hemendra @ Hemand Kumar 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.
Order Date :- 20.12.2019 A. Mandhani