Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 664 of 2018 Applicant :- Rahul @ Narendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh Parmar,Azad Khan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Rahul @ Narendra Kumar, in Case Crime No.171 of 2017, under Sections 376, 354A, 457 IPC, P.S. Jalalpur, District Hamirpur.
Heard Sri Azad Khan, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Abhinav Tripathi, appearing on behalf of the State.
The submission of the learned counsel for the applicant is that he has been falsely implicated in the present crime. It is urged that the prosecution is a woman of twenty years. It is specifically asserted that the applicant and the prosecutrix were into a relationship, and, there was an ongoing affair between them. It is submitted that on the fateful date, they were caught, while they were together by the family of the prosecutrix and the applicant handed over to the police with a false allegation of rape. Thereafter, the prosecutrix under pressure of her family was forced to make a statement under Section 164 Cr.P.C., inculpating the applicant. Learned counsel for the applicant has taken the applicant through the statement of the prosecutrix under Section 164 Cr.P.C., and submits that a reading of the statement makes it look too unnatural to be true. He submits that it is fantastic. It is pointed out that in fact in the statement the prosecutrix shows that she was sleeping by the side of her Aunt (Bua) when the applicant entered her house and ravished her, as her Aunt slept by her side. Later on, in an inconsistent part of the statement, she says that when she raised alarm the aunt came over and the applicant was caught. The attention of the Court is also invited to certain other incredible portions of the statement of the prosecutrix under Section 164 Cr.P.C.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegation, the severity of punishment, the background of parties, the relationship claimed to be there between them, in particular, the prima facie inherently incredible nature of allegations in the statement under Section 164 Cr.P.C., where the prosecutrix was ravished while asleep by the side of her Aunt, amongst others, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Rahul @ Narendra Kumar, in Case Crime No.171 of 2017, under Sections 376, 354A, 457 IPC, P.S. Jalalpur, District Hamirpur be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.10.2018 NSC