Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38214 of 2021 Applicant :- Rahul Varma Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.,Punya Sheel Pandey
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Puniya Sheel Pandey, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 298 of 2021, under Sections 452, 376, 323 I.P.C. and section 3/4 POCSO Act, P.S. Bisalpur, district-Pilibhit, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant about the alleged rape of her minor daughter, aged about sixteen years against the present accused. It was alleged that on 27.6.2021 at about 1:00 O'clock in the night the present accused barged into the house of complainant and tried to assault the daughter of the complainant sexually when she was sleeping on the roof. It was also alleged that after hearing the cries, the complainant reached at the roof and caught the present accused but after committing maar-peet with the complainant the present accused fled away from the spot.
Learned counsel for the applicant submits that as per radiological examination report the alleged victim is aged about 18-19 years and she was in consensual relationship with the applicant. Although the same facts of FIR were reiterated by the alleged victim in her statement recorded under section 161 Cr.P.C. but she has not dared to come forward to get herself medically examined. Further submission is that the alleged victim in her statement recorded under Sectiomn 164 Cr.P.C. has not nominated the present accused and categorically stated that on 27.6.2021 at about 11:00 O'clock in the night an unidentified person came on the roof and committed rape with her. He lastly submits that the applicant, who is in jail since 13.7.2021 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, considering the age of the alleged victim and her statement recorded under Section 164 Cr.P.C., considering the facts and circumstances of the case 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, Rahul Verma 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.
Order Date :- 24.12.2021 Faridul