Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23547 of 2021 Applicant :- Piyush Kumar Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Neelam Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 449 of 2020, under Section 376D, 506 I.P.C., Police Station- Kotwali, District-Fatehpur, during the pendency of trial.
As per the prosecution case in the brief, F.I.R. of victim was registered on 05.07.2020 through an application under Section 156(3) Cr.P.C. moved by her regarding an incident, which is alleged to have been taken place on 14.07.2019 against the applicant and one unknown person alleging inter alia that on 10.07.2019, some altercation took place between the applicant and her regarding which, N.C.R. No. 93/2019, under Sections 323, 504 I.P.C. was registered and she was also medically examined, but the said case had come to an end on making compromise between the parties concerned in the presence of police. F.I.R. further alleges that applicant is doctor and in the compromise, it was agreed between the parties that treatment of victim will be done free of cost by the applicant. In the said sequence, on 14.07.2019, when she went to the clinic of applicant, he advised the victim that X-ray of her thumb is necessary and thereafter they asked her to take off her clothes. On refusing for the same, the applicant and one unknown person committed rape on her.
It is argued by learned counsel for the applicant that applicant has been falsely implicated in this case with an ulterior motive. It is further submitted that regarding the incident dated 14.07.2019 no prompt medical examination of the victim was done. Learned counsel pointed out that medical examination of the victim was done on 28.01.2021, after about one year and five months of the alleged incident and there is no explanation of delay in conducting the medical examination of the victim. It is also submitted that victim in the F.I.R. as well as in her statement under Section 161 Cr.P.C. has made allegation against two persons, whereas she in her statement under Section 164 Cr.P.C. has made allegation of rape against three persons. Therefore, statement of victim does not inspire confidence and is not liable to be believed. It is further submitted that applicant is a doctor and law abiding person. He has no criminal history and is languishing in jail since 18.01.2021. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned A.G.A. has opposed the prayer for bail of the applicant, but could not give satisfactory reply that why the medical examination of the victim was conducted after a delay of about one year and five months.
Considering the facts and circumstances of the case and major inconsistency in the statement of victim, as mentioned above, as well as there is no plausible explanation of delay of about one year and five months in conducting the medical examination of the victim, I find that possibility of false implication of the applicant cannot be ruled out. It is true that in a rape case the statement of victim is a primary consideration, but it is also equally true that no presumption can be drawn that the victim would always tell the entire story truthfully. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Piyush Kumar Gupta 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 shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 13.8.2021 Sunil Kr. Gupta Digitally signed by Justice Sanjay Kumar Singh Date: 2021.08.13 17:42:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad