Heard over bail application moved by accused-applicant, Kalu @ Guddu , in Case Crime No. 772 of 2020, under Sections 354-A, 376 IPC, Police Station Tilhar, District Shahjahanpur.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 25.1.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; prosecutrix is major married lady; she herself got this case lodged at police station concerned on 5.10.2020 at 14:27 PM for an occurrence which was said to have been occurred on 4:00 PM i.e. 10 hours delayed report and no accusation of rape was there; husband accompanied by informant went at police station and the offence was lodged for offence punishable under Section 354-A only; the same was situation in statement recorded under Section 161 of Cr.P.C., as well as before medical officer before whom prosecutrix was examined; subsequently in the statement under Section 164 of Cr.P.C., which was recorded after two attempt made by investigating officer, which was developed to be a case of rape which is a false implication. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the fact that applicant is of no criminal antecedents.
Having heard and gone through materials placed on record, considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tempering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Kalu @ Guddu , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 19.8.2021 Ravi Prakash