Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15663 of 2021 Applicant :- Raghvendra Opposite Party :- State of U.P.
Counsel for Applicant :- Rama Pati Tripathi,Sharique Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 601 of 2020, under Section 376(2)(cha) I.P.C., P.S. Nawabad, Jhansi, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against the present accused about the rape and molestation of her minor daughter, aged about 15 years on 30.4.2011. It was alleged in the FIR that in the month of August, 2020 the daughter of the informant was suffering from Corona and after recovering from Corona she was suffering from mental problem and she was undergoing treatment in Indore. It was also alleged in the FIR that on 30.4.2011 during counselling before Psychologist, the daughter of the complainant narrated that on 30.4.2011 when she had gone to attend the marriage of her uncle Hari Shankar, where the present accused, who is cousin of alleged victim, had committed rape with her and that time the alleged victim was aged about five years.
Learned counsel for the applicant submits that the incident is alleged to have taken place on 30.4.2011 and the FIR of the incident was lodged after about ten years. He next submits that it seems unnatural that a victim shall narrate the incident, which occurred when she was about 4-5 years of age. He next submits that the victim in her statement recorded under section 164 Cr.P.C. has supported the prosecution case but her statement is tutored and given under duress and pressure of her mother. Further submission is that the present accused is the son of sister-in-law of the complainant, who is a widow lady and there was a property dispute between complainant and mother of the present accused. No marks of violence or injury were found on her body by the doctor who had examined her. The medical report of the alleged victim is annexed as Annexure-2 to the supplementary affidavit. He has lastly submitted that the applicant, who is in jail since 11.12.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Raghvendra be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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 :- 29.7.2021 Faridul