Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31950 of 2021 Applicant :- Prem Singh Halwai Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Singh Rathore Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Shailendra Singh Rathore, learned counsel for the applicant, Sri Pankaj Mishra, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Prem Singh Halwai, seeking enlargement on bail during trial in connection with Case Crime No. 80 of 2021, under Sections 376-D IPC, registered at P.S. Barahan, District Agra.
Learned counsel for the applicant argued that although the applicant is named in the First Information Report but he has been falsely implicated in the present case. It is argued that the applicant is a cook who takes orders in big parties and marriages for preparing food whereas the prosecutrix is a lady who rolls puri in the parties and assists the applicant in the kitchen in parties. The allegation that the applicant and other co-accused persons have committed rape upon the prosecutrix is false and incorrect. The prosecutrix is aged about 40 years and is a married lady. It is argued that there was some dispute between the prosecutrix and the applicant with regards to work after which the First Information Report has been lodged by the husband of the prosecutrix falsely implicating the applicant and other accused persons. He further argued that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 27.04.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the First Information Report and there is an allegation of gang rape therein. It is argued that the doctor who conducted the medical examination found deep posterior vaginal wall tear with heavy bleeding from tear, the vaginal tear was stitched and even the doctor has opined that there is vaginal injury present and the sign is suggestive of sexual assault on the prosecutrix. It is argued that as such the prosecution case gets corroboration from the medical examination report also. The present case is a case of gang rape. It is argued that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is named in the First Information Report and there is an allegation of gang rape upon the prosecutrix. The medical examination report finds serious bleeding injury in the vaginal area of the prosecutrix and the opinion of the doctor is of sexual assault on her. I do not find it a fit case for bail.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail.
The bail application is, accordingly, rejected.
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 :- 23.9.2021 M. ARIF (Samit Gopal, J.)