Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39618 of 2019 Applicant :- Rajeev Pratap Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Manoj Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for State and perused the record.
This application for bail has been filed by the applicant Rajeev Pratap Singh seeking his enlargement on bail in Case Crime No. 06 of 2019, under Sections 363, 366, 342, 504, 376 I.P.C., Police Station Saurikh, District Kannauj, during the pendency of the trial in the above mentioned case crime number.
It transpires from the record that an incident occurred on 12.11.2018. Victim was recovered on 30.1.2019 from a Bus Stand. F.I.R. of the alleged incident which occurred on 12.11.2018 was lodged on 9.1.2019 by Satya Prkaksh, father of the victim, which was registered as Case Crime No. 06 of 2019, under Sections 363, 366, 342, 504, 376 I.P.C., Police Station Saurikh, District Kannauj. In the aforesaid F.I.R., five persons namely Ganga Ram, Mohan @ Bhonda, Mahavir, Mithlesh and Kamlesh have been nominated as the named accused. The applicant Rajeev Pratap Singh was not named in the F.I.R. As per the prosecution story as unfolded in the F.I.R., it is alleged that Shilpi aged about 17 years had gone to attend her school namely Shakuntala Devi Mahila Mahavidyalay, Khadini, but she did not return to her home in the evening. Accordingly, a search was made and then it transpires that the daughter of the first informant reached to the house of Ganga Ram. It was further alleged that the daughter of the first informant has been forcibly kept in custody of Mahavir along with others. Upon registration of the said F.I.R., the police commenced investigation and subsequently recorded the statement of the victim under section 161 Cr. P. C. on 3.1.2019. In this statement, the victim has supported the applicant and did not allege that any criminality was committed upon her, which is punishable under section 376 I.P.C. Subsequently, the statement of the victim was recorded under section 164 Cr. P. C. on 2.2.2019 and she changed her stand implicating the present applicant.
Learned counsel for the applicant submits that the victim is major, inasmuch as her date of birth recorded in the High School Certificate is 14.4.1998, therefore, the victim was a consenting party. It is then submitted that the incident occurred on 12.11.2018, whereas the F.I.R. was lodged on 9.1.2019, i.e. after delay of more than 19 days, for which there is no explanation in the F.I.R. Lastly, it is submitted that the victim has not been consistent in her statements recorded under section 161 Cr. P. C. and 164 Cr. P. C. and no explanation has been offered for the change of statement under section 164 Cr. P. C.
On the aforesaid factual premise, it is urged that the applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. opposed the prayer of bail but could not dispute the factual and legal submissions urged by the learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Rajeev Pratap Singh be released on bail in the aforesaid Case Crime Number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(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 will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
Accordingly, the instant bail application is allowed.
Order Date :- 30.9.2019 HSM