Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6540 of 2021 Applicant :- Lahari Patel @ Sunil Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.B. Singh,Lalit Kumar Gond,Ram Suphal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 384 of 2020, under Sections 376D, 504, 506 I.P.C.; Section 5/6 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 3(2)(V) S.C./S.T. Act, Police Station- Saraimumrej, District-Prayagraj, during the pendency of trial.
As per the prosecution case in brief, the victim has lodged the F.I.R. on 18.10.2020 regarding an incident which took place on 16.10.2020 against two persons, namely Abhishek Patel and Lahari Patel alleging inter alia that the accused persons barged into her house and sexually assaulted upon her. Thereafter again they taken her out side the house in the paddy filed, where she was again sexually assaulted.
It is argued by learned counsel for the applicant that during the incident, the victim neither raised alarm nor sought the help of other family members. It is further pointed out that though victim in her statements under Sections 161 and 164 Cr.P.C. has supported the prosecution case, but identically situated co- accused Abhishek Patel has been granted bail by the co-ordinate Bench of this Court vide order dated 06.07.2021 in Criminal Misc. Bail Application No. 6440 of 2021, considering the fact that medical report of the girl totally belies the allegation of gang rape. The doctor has clearly opined that there is no external injury over the body of the victim and her hymen was found old torn and healed. The supplementary medical report clearly indicates that there is no use of force over her person. Her radiological age is also shown that her age is 16 to 18 years. On the strength of the aforesaid facts, it is submitted that case of present applicant stands on similar footing and the applicant is languishing in jail since 27.11.2020 having no criminal antecedents to his credit. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute the aforesaid factual aspects of the matter as argued on behalf of applicant.
After having heard learned counsel for the parties, I find that co-accused Abhishek Patel, under similar accusation, has been granted bail by the co-ordinate Bench of this Court, therefore, applicant is also entitled to be released on bail on the ground of parity. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed.
Let the applicant Lahari Patel @ Sunil Patel be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case.
The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 22.9.2021 Sunil Kr. Gupta