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Rahis Alias Mullaji vs State Of U P

High Court Of Judicature at Allahabad|26 May, 2021
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JUDGMENT / ORDER

Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21508 of 2021 Applicant :- Rahis Alias Mullaji Opposite Party :- State of U.P.
Counsel for Applicant :- Juned Alam,Mohd Hamid Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up through video conferencing.
Heard Sri Juned Alam, learned counsel for the applicant and Sri Virendra Kumar Maurya, learned A.G.A. 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- Rahis Alias Mullaji, seeking enlargement on bail during trial in connection with Case Crime No. 0025 of 2021, under Sections 364, 506 and 376D I.P.C., registered at Police Station Aliganj, District Etah.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the victim went away from her house on her own will. Leaned counsel has argued that the version given in the statement of the victim recorded under Section 161 Cr.P.C. is totally false and incorrect, wherein, it is stated that the applicant committed rape upon the victim whereas in the statement of the victim recorded under Section 164 Cr.P.C., the copy of which is annexed as Annexure-8 to the affidavit, there is no whisper whatsoever regarding any rape being committed upon the victim. It is argued that the story as brought forward by the prosecution is a total concoction and the victim as per her own showing was aged about 23 years and was an adult and was of such age that she would understand the worldly affairs very well. It is argued that the implication of the applicant in the present case is due to malafide intentions just in order to falsely implicate and harass the applicant. It is further argued that as per the age estimation done by the Chief Medical Officer, the age of the victim has been opined to be 23 years and the medical examination of the victim also does not support prosecution case in any manner.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the applicant is not having any criminal history as stated in para 27 of the affidavit and he is in jail since 10.02.2021 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned A.G.A. has opposed the prayer for bail and argued that the applicant is named in the first information report and in the statement of the victim recorded under Section 161 Cr.P.C., she has stated that the applicant had committed rape upon her. It is argued that the prayer for bail be rejected.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the victim is a major girl aged about 23 years and is quite intelligent enough to understand the worldly affairs. She has given two entirely different versions in her statements recorded under Section 161 Cr.P.C. and under Section 164 Cr.P.C. and the factum of rape being committed upon her has not been mentioned in the statement recorded under Section 164 Cr.P.C.
Let the applicant- Rahis Alias Mullaji, 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
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.
The bail application is allowed.
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 :- 26.5.2021 AS Rathore Digitally signed by Justice Samit Gopal Date: 2021.05.28 09:26:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
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Title

Rahis Alias Mullaji vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 May, 2021
Judges
  • Samit Gopal
Advocates
  • Juned Alam Mohd Hamid