Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27620 of 2018 Applicant :- Raju @ Gulveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of the counsel for the applicant is that the applicant has been falsely implicated in the case and he had never indulged in any such kind of offence as has been alleged. Counsel has gone to the extent of arguing that in fact, no such rape ever took place with victim. Reliance in this regard has been placed on the medical examination of the victim which shows that there was absolutely nothing abnormal found in labia minora, fourchette & introitus, hymen and perineum or external urethral meatus. Submission is that actually false implication of the applicant has been done at the behest of one Rahul, who has ascribed this F.I.R. The background and the motivating factor which has resulted in the false implication of the applicant is that the aforesaid Rahul is one of the accused in a case of murder. The F.I.R. of that case was lodged as Case Crime No. 0505 of 2016, under Sections 147, 148, 149, 302, 307 I.P.C., P.S.- Jhahangirabad, District- Bulandshahar and in that case the applicant had filed his affidavit before the S.S.P. concerned in which he had submitted that the incident of murder which was committed by the aforesaid Rahul and some other co-accused, has been witnessed by him. The applicant claimed and asserted himself as an eye witness of the occurrence. Submission is that this initiative on the part of the applicant caused grave indignation in the mind of aforesaid Rahul and other co- accused of that case, who hatched a conspiracy to falsely implicate the applicant in the present case in order to exert coercive pressure upon him so that he may not claim himself as witness in the case of murder and he may not depose against the aforesaid Rahul and other co-accused persons. This is the background which has eventually resulted in the false implication of the applicant. Counsel has tried to touch upon the elements of improbability involved in the prosecution case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is in jail since 4.1.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Raju@Gulveer, involved in Case Crime No. 549 of 2017, u/ss. 376, 323 I.P.C., P.S.- Jhahangirabad, District- Bulandshahar, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 26.7.2018 Naresh