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Raj Rathor @ Ramji vs State Of U P

High Court Of Judicature at Allahabad|27 July, 2021
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JUDGMENT / ORDER

Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22722 of 2021 Applicant :- Raj Rathor @ Ramji Opposite Party :- State of U.P.
Counsel for Applicant :- Umesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 1571 of 2020, under Sections 376, 323, 504, 506, 452, 427 I.P.C., Police Station-Kalyanpur, District-Kanpur Nagar during the pendency of trial.
As per the prosecution case in brief, informant Smt. Vaibhavi Singh Solanki (victim) lodged F.I.R. on 26.12.2020 regarding an incident that took place on 16.12.2020 alleging inter alia that on 16.12.2020 applicant has committed rape on her.
It is argued by learned counsel for the applicant that victim is married lady and on account of her acrimonious relation with her husband she is living in her 'maika'. It is pointed out that it is admitted case of prosecution that the dispute between the victim and her husband is going on in the court. Applicant is running a business of jewellery and he has been falsely implicated in this case. It is also pointed out that in fact victim was in a live-in relationship with the applicant since long and daily expenses of victim and her family members was beared by the applicant and applicant was also living in her house. Learned counsel for the applicant has also drawn attention of the Court to some photographs of victim along with the applicant (Annexure No. 2 to the affidavit filed in support of bail application) which shows the close relation of victim with the applicant. On the strength of aforesaid facts much emphasis has been given that victim is major and she is married lady and she was consenting party with the applicant. It is also submitted that though the victim in her statement under Section 164 Cr.P.C. has made allegation of rape against the applicant, but considering the entire facts and circumstances of the case only conclusion can be drawn that she is consenting party with the applicant. It is next submitted that medical examination report of victim does not corroborate with the prosecution case. Applicant has no criminal history and he is languishing in jail since 27.12.2020. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but does not dispute the photographs, which have been filed as Annexure No. 2 to the affidavit filed in support of bail application.
After having heard learned counsel for the applicant as well as learned A.G.A., I find that victim is major and married lady as well as she was fully capable to understand the significance for which she was consenting with the applicant. From the perusal of photographs of victim along with applicant, filed as Annexure No. 2 to the affidavit filed in support of bail application as well as considering the statement of victim in toto, the possibility of victim being consenting with the applicant cannot be ruled out. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Raj Rathor @ Ramji 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) 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. is issued and the 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 of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.7.2021 Sunil Kr. Gupta Digitally signed by Justice Sanjay Kumar Singh Date: 2021.07.27 17:08:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
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Title

Raj Rathor @ Ramji vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 July, 2021
Judges
  • Sanjay Kumar Singh
Advocates
  • Umesh Kumar Dubey