Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34541 of 2020 Applicant :- Nirmal Kumar Vaani Opposite Party :- State of U.P.
Counsel for Applicant :- Piyush Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Piyush Tripathi, learned counsel for the applicant and Sri G. P. Singh, 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. 54 of 2019, under Sections 376, 406, 419 & 420 of I.P.C., P.S. Raipur, District Sonbhadra, during pendency of the trial.
As per F.I.R., which has been lodged by the victim herself, it is stated that the victim was a married lady whose husband had died. The accused applicant had approached the victim in order to get her insurance done for which he taken Rs. 40,000/- and provided receipt of only Rs. 4954/- and in the LIC bond he got his name entered as informant's nominee. The accused applicant continued to rape her forcibly. When the informant reported the said incident at the police station, the S.H.O. without investigating the matter had reported that the matter has been compromised.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. He is totally innocent. It is a case of consensual sex. It is further argued that in her statement under Section 164 Cr.P.C. the victim has stated that she was being sexually exploited for last ten years. The accused applicant is in jail since 19.10.2019; 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 this is a case of consensual sex, 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 Nirmal Kumar Vaani 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 VPS