Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11508 of 2021 Applicant :- Manoj Opposite Party :- State Of U.P And Another Counsel for Applicant :- P.K. Singh,Vijay Kumar Mishra Counsel for Opposite Party :- G.A.,Ram Jatan Yadav
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P. K. Singh, learned counsel for the applicant, Sri Ram Jatan Yadav, learned counsel for the informant and Sri Attrey Dutt Mishra, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 001 of 2021, under Sections 323, 376 & 506 of I.P.C. and Section 3/4 of P.O.C.S.O. Act and Section 3(2)5 of S.C./S.T. Act, P.S. Iradatganj, District Agra.
As per F.I.R., lodged by the father of the victim, it has been mentioned that on 01.01.2021, at about 05:30 PM, when his daughter had gone to bring kanda from his Govt. quarter, the accused applicant had committed rape upon her finding her alone and also threatened her that in case she discloses about the incident to anyone, she would be killed. The victim had revealed about the incident to her uncle Dharamveer and in the meantime, the accused applicant fled away from the occurence place. When the informant returned home, the entire information was given by his brother and daughter. Thereafter, the informant went to the father of the accused applicant who told him that he will enquire about this from his son, when his son will return. Thereafter, both son and father had fled away after locking the house.
It has been argued by the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is further argued that the applicant and the victim were having love relation with each other and the same had been seen by uncle of the victim and because of that only, this false implication has been made. He has drawn attention towards the letters which were written by the victim, annexed at page no. 67 to 70 of the paper book, which shows that the victim was a consenting party. It is further argued that there is no injury sustained by the victim as per medical examination report except her hymen was found old torn and healed. The accused applicant has no criminal history; he is in jail since 11.02.2021; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the informant have opposed the bail and argued that the victim is found to be 17 year and 11 months old as per her High School certificate, therefore, she was minor at the time of occurrence. It is further argued that the victim has supported the prosecution version in her statements under Section 164 & 161 Cr.P.C..
Looking to the fact that there are some letters written by the victim, therefore, the possibility of relationship between the accused applicant and victim cannot be ruled out, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Manoj involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 8.4.2021 VPS