Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21247 of 2018 Applicant :- Kallu Chamar Opposite Party :- State Of U.P. Counsel for Applicant :- Shrichandra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Pursuant to the order dated 23.07.2018 of this Court, Dr. Pratima Mishra, Medical Officer, Government Hospital is present today. She states that when the victim was admitted in MLN Hospital, Allahabad on 30.09.2017 and her examination commenced on 03.10.2017 at 4.30 P.M. She has noted in the medico legal examination report "as the victim is unable to give proper history and becomes very agitated on touching medico legal examination could not be made possible and will be done under G/A. However, in the said hospital no such examination under general anesthesia was conducted.
Rejoinder affidavit filed on behalf of the applicant is taken on record.
Heard Sri Shrichandra, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Kallu Chamar in Case Crime No. 501 of 2017, under Sections 326-A, 506, 376-D I.P.C., Police Station- Ghoorpur, District- Allahabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that the prosecutrix aged about 25 years herself lodged the first information report on 30.09.2017 at 06.20 P.M. with the allegation that five years ago, the applicant and other co-accused had advanced a sum of Rupees Ten Thousand from her and after her husband's death she demanded the said money from them. On 29.09.2017 at about 05 P.M., the applicant and co-accused had taken her forcibly in a school and they had thrown acid on her private parts. It is argued that in the first information report, there is no allegation of sexual assault on the prosecutrix. However, he further submitted that even in the medical report the doctor has opined that there was no sign of use of force and healing/scarring as a result of acid burn is not there. Subsequently, the prosecutrix in her statement recorded under Section 164 Cr.P.C., to make the offence graver, alleged that the applicant and other co-accused had also gang-raped her. The prosecution version of gang-rape is not supported by medical evidence. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 02.10.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and submitted that the allegation is serious in nature, however, he could not place any medical evidence of prosecutrix to establish the factum of throwing of acid on the private parts of the victim.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Kallu Chamar 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 subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.7.2018 Vikas/-