Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29042 of 2021 Applicant :- Lala @ Rohit Opposite Party :- State of U.P.
Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
According to the prosecution version, the prosecutrix is a married lady, aged 28 years, and she has alleged that applicant and co-accused Hariram @ Hariom have committed rape upon her for several times and they have also took away her Rs. 50,000/- and jewellery.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It has been pointed out that in her statement under Section 161 Cr.P.C., initially she has stated that applicant and co-accused Hariram were committing rape upon her for the last one and a half years but later on she has stated that the incident of rape took place nine years back. In her statement under Section 164 Cr.P.C., victim has not clarified that when the alleged incident of rape took place and that she has developed entirely a new version that her daughter was also present and that on the next day her video was made by the applicant. It has been submitted that during investigation, no such video has been found or seized. In supplementary statement of victim, she has stated that she has never any video and that she has no evidence of any video. Learned counsel submitted that the prosecutrix is a mature and married lady aged 28 years and she has made contradictory statements. Further, there is no explanation that why she did not lodge first information report for nine years. It has been submitted that in view of attending facts and circumstances of the case, the allegations of prosecutrix appear thoroughly false and baseless. It has been also stated that co-accused Hariram @ Hariom has already been granted bail by co-ordinate Bench of this Court vide order dated 07.04.2021, passed in Criminal Misc. Bail Application No. 8572 of 2021. It has been further submitted that the applicant is languishing in jail since 06.11.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Lala @ Rohit involved in Case Crime No. 589 of 2020, under Sections 452, 328, 376, 506 of IPC, P.S. Khair, District Aligarh, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 16.8.2021 A. Tripathi