Heard Sri Abhishek Tripathi, learned counsel for the applicant, Sri Himanshu Mishra, as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.403 of 2020 under sections 376, 506 I.P.C., Police Station Kidwai Nagar, District Kanpur Nagar, during the pendency of trial.
As per FIR which has been lodged by the victim herself, the prosecution case is that the applicant was friend of her husband, who had frequent access to her house. About one year ago, he came to her house and one day in the absence of her husband and gave false assurance in various ways established physical relationship with her and continued to exploit her sexually and gave threat that he would defame her. She continued to remain silent because of fear but on 10.6.2020 she disclosed about this occurrence to her husband but her husband did not believe the version of the informant because of the accused being his friend but the accused continued to black-mail her and exploit her physically and sexually.
Submission made by the learned counsel for the applicant is that no date of occurrence has been mentioned in the FIR and she had refused to get herself medically examined as is evidence from the report of Dufferin Hospital, Kanpur Nagar, which is annexed at page 18 of the supplementary affidavit. Further, he has drawn attention to the statement of the victim recorded under section 164 Cr.P.C. in which it was stated by her that in November, 2019, one day when her husband was not at home, the accused came to her house and had brought some eatable and after consuming the same, she fainted and thereafter she found herself naked on a bed and she felt that she was raped against her wishes and photograph of such incident was also sent to her by the accused giving threat that if she tells about this occurrence to anyone, her daughter would be killed. Thereafter, the accused repeatedly visited the informant's house and made physical relationship and had also made video of the same and had threatened that the same would be placed at social media and also pressed her to change her religion. Having drawn these pieces of evident, it is argued that the applicant is innocent and has been falsely implicated only because of friend of her husband and she had never made hue and cry and was consenting party. The applicant is not involved in any other criminal case. The applicant is languishing in jail since 17.7.2020. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Monis Raza @ Monu involved in aforesaid case 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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 11.1.2021 AU