Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8644 of 2019 Applicant :- Raghvendra Ahirwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is contended by the learned counsel for the applicant that Smt. Jai Devi had lodged an FIR against the accused-applicant on 3.4.2018 alleging therein that the niece of the complainant aged about fourteen years was living with her and on 2.4.2018 at 4.00 pm., the accused-applicant came to her house and committed rape on the minor girl. It is further submitted that during the course of investigation the statement of the informant and the statement of the victim was recorded under section 161 Cr.P.C. in which the victim has stated that the accused applicant has committed rape on her and when her bua has come in the house then applicant ran away. It is further submitted that the victim was medically examined and according to her medical report, she is aged about 17 years and no mark of injury was found on the body of the victim, the victim has even supported her statement recorded under section 164 Cr.P.C. and charge sheet is already been submitted in this case. Trial has already commenced. The informant was examined as P.W.1 in which she has not supported the prosecution version and declared hostile so also the victim has been examined as P.W.2 and she has also not supported the prosecution version and declared hostile. It is further submitted that the applicant has been falsely implicated in the said case. The applicant has no criminal history. The applicant is languishing in jail since 4.4.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Raghvendra Ahirwar be released on bail in Case Crime No.69 of 2018, under Sections 376(2)(i), 452 IPC and 3/4 POCSO, P.S.-Jalaun, District-Jalaun, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 Harshita