Counter and rejoinder affidavits filed today are taken on record.
Heard Sri Yugal Kishor Tripathi, learned counsel for the applicant, Sri Ran Vijay Singh, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely Premnath Saroj, Kalan and Sumit alleging that on 6.4.2019 they abducted the daughter of complainant for marriage aged about 16 years and raped her. Later on, she was recovered and statement under Section 161 & 164 Cr.P.C. were recorded, she stated that she went to Delhi with Prem Nath Saroj @ Shakti, stay 15 days in rented room and he made illicit relation with promise to marry but he refused. According to medical examination report, hymen was found intact; no injury was found on the body of prosecutrix and she is aged about between 16 to 18 years.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to medical examination report, hymen was found intact. Offence under Section 376 IPC is not made out against the applicant. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 8.5.2019 (more than six and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Prem Nath Saroj @ Shakti involved in Case Crime No. 456 of 2019, under Sections 376, 363, 366 IPC and Section 3/4 POCSO Act, Police Station Kotwali Nagar, District Pratapgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.11.2019 A. Singh Court No. - 12 Case :- BAIL No. - 8848 of 2019 Applicant :- Prem Nath Saroj @ Shakti Opposite Party :- State of U.P.
Counsel for Applicant :- Yugal Kishor Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Learned counsel for the applicant submitted according to medical examination report of prosecutrix, hymen was found intact.
Learned A.G.A. submitted that according to statements of prosecutrix recorded under Section 161 & 164 Cr.P.C., prosecutrix was raped by applicant several times.
From the perusal of record, it transpires that medical of prosecutrix was conducted on 7.5.2019 at 4.25 p.m. by Dr. Varsha, District Women Hospital, Pratapgarh.
Dr. Varsha is directed to file her personal affidavit explaining on this issue on or before 7.12.2019.
District Magistrate and C.M.O. Pratapgarh are directed to ensure the compliance of order of Court.
List on 9.12.2019 as unlisted at 4.30 p.m. in chamber.
Copy of this order be provided free of cost to Sri Ran Vijay Singh, learned A.G.A. for the State within 24 hours for compliance.
Office is directed to send a copy of this order through FAX, e-mail and speed post within two days from today to District Magistrate and C.M.O. Pratapgarh for necessary compliance.
Order Date :- 27.11.2019 A. Singh