Supplementary affidavit filed by applicant's counsel is taken on record.
Heard learned counsel for the applicant and learned A.G.A.
Perused the record.
Submission of learned counsel for applicant is that victim is a married grown up lady and there is no allegation of rape against the applicant in the statement when she was examined before the Magistrate. Further submission is that there are high improbabilities involved in the prosecution case as two other co-accused who are said to have committed rape are the real brothers and it looks highly unlikely that two real brothers would commit rape of victim together. Still higher element of improbability is that applicant is the son of one of the co-accused Shiv Kumar and it sounds preposterous to suggest that the applicant would be keeping a watch having pistol in his hand in order to facilitate the commission of rape being committed by his own father upon the victim! Further submission is that the victim has made a clear admission before the Magistrate that there was some background of animosity which she had with the applicant as the applicant is said to have hit the son of the victim with an axe sometimes back. Contention is that victim therefore had all motive to falsely implicate the applicant because of the grudge which she nurtured against the applicant. In view of the aforesaid facts and circumstances as well as in the wake of elements of high improbability involved in the prosecution story and the background of enmity, a prima facie case for bail made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 30.5.2018 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Mithlesh Alias Lallu involved in Case Crime No.0255 of 2017 u/s 376D, 506 I.P.C., P.S.-Bakewar, District-Fatehpur, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.7.2018 shiv