Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11268 of 2021 Applicant :- Manish Arakh @ Arun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Vide order dated 08.07.2021, Chief Medical Officer, Banda was directed to get the ossification test of the victim conducted and submit report regarding age of the victim on the date of incident i.e. 09.05.2020. In compliance of the said order dated 08.07.2021, report dated 27.08.2021 of C.M.O., Banda has been received to this Court and according to which radiological age of the victim is about 19 years.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant-Manish Arakh @ Arun, who is involved in Case Crime No. 233 of 2020, under sections 363, 366, 376 IPC and section 6 of Protection of Children From Sexual Offences Act and section 3(2)V of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, police station Kotwali Karwi, district Chitrakoot, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, the complainant, who is father of the victim has lodged first information report dated 11.05.2020 in respect of an incident, which is alleged to have been taken place on 09.05.2020 against the applicant and his cousin, alleging inter alia therein that on 09.05.2020, his daughter was enticed away by the accused persons.
Main substratum of argument of learned counsel for the applicant is that the victim in her statements under sections 161 and 164 Cr.P.C. did not support the prosecution case and also did not make any allegation of sexual abuse against the applicant. When the victim was produced before the doctor for her medical examination, she refused for the same. It is further argued by the learned counsel for the applicant that it is not a case of rape as alleged by the prosecution. The victim is major and she was consenting party with the applicant, who does not have any criminal history to his credit and is facing detention since 29.10.2020. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly 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 Additional Government Advocate has opposed the bail prayer of the applicant, but does not dispute the factual aspect of the matter as argued on behalf of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, considering the fact that the victim is major aged about 19 years and she has not made allegation of sexual abuse against the applicant in her statement under section 164 Cr.P.C., therefore, possibility of victim being consenting party with the applicant, cannot be ruled out, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Manish Arakh @ Arun, 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:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) 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 case of breach of any of the above conditions, the court concerned will be at liberty to cancel the bail and send the applicant to prison. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
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 :- 7.10.2021 Sazia