Heard Sri Shivam Yadav, learned counsel for the applicant through Video Conferencing, Sri S.B. Maurya, learned AGA for the State who is present in the Court physically and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Munna Pandit @ Ramashish Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 169 of 2021, under Section 376 I.P.C. registered at P.S. Lanka, District Varanasi.
Learned counsel for the applicant argued that although the applicant is named in the F.I.R. and there is an allegation of his committing rape upon the victim who is the first informant, but the same is false and incorrect. It is argued that incident in question alleged to have taken place on 24.9.2020 for which First Information Report was registered on 23.2.2021 which is after a period of five months without any plausible explanation therein. Learned counsel has further argued that the victim did not present herself for medical examination and the said fact has not been disputed by the State even in the counter affidavit. It is further argued that the victim is a lady aged about 55 years as she has stated the same in her statement recorded under Section 161 Cr.P.C. itself. It is argued that there is no corroboration of the allegation of rape through medical evidence and the implication of the applicant is false and no such incident as alleged has taken place. It is argued that the applicant has been falsely implicated in the present case. It is argued that the applicant has no other criminal antecedents as stated in para-18 of the affidavit and is in jail since 25.2.2021.
Per contra, learned AGA opposed the prayer for bail and argued that the victim in the F.I.R. lodged by her, in the statement recorded under Section 161 Cr.P.C. and in the statement recorded under Section 164 Cr.P.C. which is also having the same version of the F.I.R. and the statement recorded under Section 161 Cr.P.C., has levelled allegation of rape against the applicant and, as such, the applicant is involved in the present case but the fact that the victim did not present herself for medical examination, has not been disputed by learned A.G.A.
After having heard learned counsels for the parties and perusing the record, it is evident that the victim, who is the first informant, is 55 years old lady. The F.I.R. has been registered after five months without any explanation whatsoever of the delay in lodging the same.
Looking to the facts and circumstances of this case, the nature of evidence 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- Munna Pandit @ Ramashish Yadav, 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:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 24.8.2021 Naresh (Samit Gopal,J.)