Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36063 of 2020 Applicant :- Narendra Saroj @ Nagendra Saroj Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Krishna Chaturvedi,Rishi Kant Rai Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vijay Krishna Chaturvedi, learned counsel for the applicant and Ms. Akanksha Gaur, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 251 of 2020 under Sections 376, 504 and 506 I.P.C., P.S. Kasimabad, District Ghazipur.
As per F.I.R. lodged by victim herself, on 24.03.2020 in the night at about 11:00 p.m., accused applicant who is of the same locality after getting opportunity, entered her house and started teasing her, strapped her mouth and committed rape upon her and said that he would kill her entire family. About this fact, she did not reveal to anyone because of losing honour; due to being pregnant of three months when she could not conceal her bearing of a child, she revealed this fact to her mother and mausi and when both of them had gone to the house of accused, they were thrown out and were told to get the abortion done failing which, they were threatened to be killed.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; occurrence is said to have taken place on24.03.2020 while F.I.R. was lodged on 6.06.2020 after considerable delay. As per statement given by victim, no sexual assault was alleged to have been made upon the victim. In her internal medical examination, doctor has recorded that no injury was noticed in her examination. No sign of forcible penetration in vagina was found. She was found pregnant; he is in jail since 08.06.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that there was considerable delay made in lodging of F.I.R., 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, Narendra Saroj @ Nagendra Saroj 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.
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 :- 6.1.2021 A. Mandhani